Class notes
TLI4801 ASSIGNMENT 1 SEMESTER 2 FOR 2022- TECHNIQUES IN TRIAL AND LITIGATION
- Course
- Institution
TLI4801 ASSIGNMENT 1 SEMESTER 2 FOR 2022- TECHNIQUES IN TRIAL AND LITIGATION. 90% AND ABOVE.
[Show more]
Seller
Follow
Nhongo
Reviews received
Content preview
TLI4801 ASSIGNMENT 1 SEMESTER 2 FOR 2022-TECHNIQUES IN TRIAL AND LITIGATION.
DISTINCTION GUARANTEED. 90% AND ABOVE.
QUALITY WORK WITH FOOTNOTES AND
BIBLIOGRAPHY. COMPILED AND DONE BY AN
EXPERIENCE TUTOR WITH 15 YEARS OF
EXPERIENCE.
QUESTION 1
(a) Discuss whether it is appropriate for Mr. A to use an action or application
procedure. (4)
It is appropriate for Mr A to use an application procedure because of the following
explanation. In application procedure, the evidence is presented to the court. In this
scenario, Mr. A believes that his client’s case preparation is prejudiced by this failure
and he approaches the court in terms of Rule 35(7) for an order to force Liz Taylor to
disclose the documents. Rule 35(7) of the Supreme Court Act 59 of 1959 provides that
the party giving the notice to discover, may apply to the court for an order for
compliance by the other party and, failing such compliance, dismissing their claim or
striking out their defence.1 In application procedure, which is initiated by the issue of
notice of motion, the evidence is presented to the court in the form of affidavits. This
clearly shows that the application procedure is appropriate for Mr A to use because Mr
A wants Liz Taylor to disclose the documents and these documents are part of the
evidence, application procedure is appropriate for Mr A to use in this scenario.
1
Supreme Court Act 59 of 1959.
The benefits of buying summaries with Stuvia:
Guaranteed quality through customer reviews
Stuvia customers have reviewed more than 700,000 summaries. This how you know that you are buying the best documents.
Quick and easy check-out
You can quickly pay through credit card or Stuvia-credit for the summaries. There is no membership needed.
Focus on what matters
Your fellow students write the study notes themselves, which is why the documents are always reliable and up-to-date. This ensures you quickly get to the core!
Frequently asked questions
What do I get when I buy this document?
You get a PDF, available immediately after your purchase. The purchased document is accessible anytime, anywhere and indefinitely through your profile.
Satisfaction guarantee: how does it work?
Our satisfaction guarantee ensures that you always find a study document that suits you well. You fill out a form, and our customer service team takes care of the rest.
Who am I buying these notes from?
Stuvia is a marketplace, so you are not buying this document from us, but from seller Nhongo. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy these notes for $14.16. You're not tied to anything after your purchase.
Can Stuvia be trusted?
4.6 stars on Google & Trustpilot (+1000 reviews)
75632 documents were sold in the last 30 days
Founded in 2010, the go-to place to buy study notes for 14 years now