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TLI4801 OCTOBER NOVEMBER PORTFOLIO (COMPLETE ANSWERS) Semester 2 2024 - DUE 22 October 2024
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TLI4801 OCTOBER NOVEMBER PORTFOLIO (COMPLETE ANSWERS) Semester 2 2024 - DUE 22 October 2024
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,TLI4801 OCTOBER NOVEMBER PORTFOLIO(COMPLETE ANSWERS) Semester 2 2024 - DUE 22
October 2024; 100% TRUSTED Complete, trusted
solutions and explanations.
QUESTION 1: CIVIL PRACTICE [50] Question 1.1 Ms. Bright
Lesedi is a businesswoman from Bela-Bela. She runs a business
that manufactures furniture. On 20 April 2024 she purchased
raw material from Olive Woods Furniture (“Olive Woods”), a
furniture material factory in Pretoria, for an amount of R180
000,00. The material was delivered by Olive Woods and a copy
of the invoice was handed to Ms. Lesedi, who then neglected to
pay for the material within the 30-day period provided for in
terms of the invoice. Despite repeated requests by Olive
Woods, Ms. Lesedi did not settle the amount. Olive Woods
wants to sue Ms. Lesedi for the outstanding amount. The owner
of Olive Woods approaches you for legal advice regarding the
proceedings to be instituted against Ms. Lesedi. (1) THE PAPER
CONSISTS OF TWO QUESTIONS, NAMELY QUESTION 1 ON CIVIL
PRACTICE, and QUESTION 2 ON CRIMINAL PRACTICE. BOTH
QUESTIONS ARE COMPULSORY. (2) THE ANSWERS IN THIS
QUESTION PAPER ARE TO BE OBTAINED FROM YOUR
PRESCRIBED STUDY MATERIAL, namely, the prescribed
textbook, CG Marnewick Litigation Skills for South African
Lawyers, 4th edition, (2019 LexisNexis), additional resources
material and tutorial letter 201. You may consult other sources
provided that they are properly referenced. (3) YOU ARE
REQUIRED TO EXHIBIT YOUR OWN INITIATIVE WHEN
,ANSWERING QUESTIONS, IN ORDER TO SHOW THAT YOU
UNDERSTAND THE CONTENT. IN OTHER WORDS, YOU MUST, AS
FAR AS POSSIBLE, USE YOUR OWN WORDS WHEN WRITING
YOUR ANSWERS. THE WORD-FOR-WORD REGURGITATION OF
ANSWERS FROM THE STUDY MATERIAL WILL NOT BE
REWARDED WITH FULL MARKS. (4) THE ANSWERS MUST BE
WRITTEN OR TYPED. YOUR COMPLETED ANSWERS MUST THEN
BE CONVERTED INTO PDF FORMAT AND SUBMITTED ONLINE IN
THE SAME MANNER THAT YOU SUBMIT ALL OTHER
ASSIGNMENTS ONLINE. TLI4801/202/2/2024 6 Answer the
following questions, using proper references. Note: In your
answers, you are required to make up facts/create facts to
supplement the given facts of the case as long as your own
rendition does not detract from the core issues. a) Discuss the
type of summons that Olive Woods will use to recover the
outstanding amount (4) (b) Draft the summons chosen in (a)
above. (10) (c) The owner of Olive Woods requests your advice
regarding a suitable ADR (alternative dispute resolution)
mechanism to resolve the dispute with Ms. Lesedi
expeditiously. Advise the owner of Olive Woods appropriately.
(10) (24) Question 1.2 (a) Discuss what you understand by the
term “heads of argument”. (3) (b) Critically discuss how an
attorney or advocate may deal with the issue of submitting
heads of argument late in court. (5) (c) Mr. Brickor Newmark, a
defence attorney, commences his first trial in court A at the
Randburg Magistrates’ Court. During the trial, he continuously
uses statements like “Please bear with me, your worship” and
, “please overlook my mistakes, I am new at this!” when
addressing the presiding officer. Critically discuss the impact of
the above statements on the defendant’s attorney’s
performance and confidence in court. (5) (d) It has become
common practice for attorneys to use emails and text messages
to advise their clients. Discuss the proper use of such emails
and text messages by attorneys in practice. (3) (e) Critically
discuss the role and liability of the Legal Practitioner’s Fidelity
Fund in addressing pecuniary loss suffered by clients because of
the actions of their legal practitioners. You must refer to
relevant legislation in your answer. (10) (26) [50]
Question 1.1
(a) Discuss the type of summons that Olive Woods will use to
recover the outstanding amount (4 marks)
Type of Summons:
1. Summary Judgment Summons: This type of summons is
suitable for recovering debts when the claim is for a
liquidated amount (like the R180,000 owed by Ms. Lesedi).
2. Form: The summons must be in the correct format as per
the rules of the court, specifically the Magistrates’ Courts
Act or the Uniform Rules of Court, depending on the
court's jurisdiction.
3. Requirements:
o Must include the court’s details, parties involved,
claim amount, and the basis of the claim.
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