TLI4801
PORTFOLIO MAY JUNE 2024
DUE DATE: 28 MAY 2024
, TLI4801 MAY JUNE 2024
THE QUESTION PAPER:
QUESTION 1: CIVIL PRACTICE [50]
1.1 Darren Smith is the director and shareholder of DSA Equipment (Pty) Ltd (“DSA”) and
the company manufactures medica electronic equipment. Mr. Smith approached EBA
(Pty) Ltd (“EBA”), the local supplier of the components needed for the manufacturing of
the electronic equipment by DSA, and the parties entered into a written agreement for
the supply and delivery of the components on 30-day credit terms. The goods are
delivered by EBA to DSA’s premises and a copy of the invoice to the value of R1,5
million is handed to Mr. Smith who was present to receive them. Despite numerous calls
followed by a formal letter of demand addressed to DSA for payment of the outstanding
amount following the expiry of the 30-day period, EBA does not receive any formal
response from DSA and/or Mr. Smith. EBA (Pty) Ltd now wants to institute legal
proceedings to recover the outstanding amount. EBA’s director approaches you for legal
advice or assistance regarding the proceedings that can be instituted for the recovery of
the outstanding amount from DSA.
Answer all the following questions, using proper references. Note: In your answers,
you are required to make up facts to supplement the given facts of the case in so
far as your own rendition does not detract from the core issues.
(a) Discuss the type of court proceedings that must be used to institute EBA’s claim.
As EBA (Pty) Ltd is aiming to recover a fixed sum of R1.5 million from DSA Equipment
(Pty) Ltd, a simple summons should be used to initiate the claim. According to Rule
2(b), a simple summons is appropriate for claims involving a liquidated demand or debt,
such as a specific and fixed amount of money owed. The agreement between EBA and
DSA for the supply and delivery of components on 30-day credit terms, along with the
invoice given to Mr. Smith, clearly establishes the fixed amount owed. Therefore, EBA
should proceed with legal action using a simple summons to recover the outstanding
amount from DSA. This method is suitable for cases where the obligation is clearly
liquidated and the sum can be easily calculated. Using a simple summons aligns with
the requirements of this situation and will facilitate the efficient resolution of the claim for
the amount owed by DSA.
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PORTFOLIO MAY JUNE 2024
DUE DATE: 28 MAY 2024
, TLI4801 MAY JUNE 2024
THE QUESTION PAPER:
QUESTION 1: CIVIL PRACTICE [50]
1.1 Darren Smith is the director and shareholder of DSA Equipment (Pty) Ltd (“DSA”) and
the company manufactures medica electronic equipment. Mr. Smith approached EBA
(Pty) Ltd (“EBA”), the local supplier of the components needed for the manufacturing of
the electronic equipment by DSA, and the parties entered into a written agreement for
the supply and delivery of the components on 30-day credit terms. The goods are
delivered by EBA to DSA’s premises and a copy of the invoice to the value of R1,5
million is handed to Mr. Smith who was present to receive them. Despite numerous calls
followed by a formal letter of demand addressed to DSA for payment of the outstanding
amount following the expiry of the 30-day period, EBA does not receive any formal
response from DSA and/or Mr. Smith. EBA (Pty) Ltd now wants to institute legal
proceedings to recover the outstanding amount. EBA’s director approaches you for legal
advice or assistance regarding the proceedings that can be instituted for the recovery of
the outstanding amount from DSA.
Answer all the following questions, using proper references. Note: In your answers,
you are required to make up facts to supplement the given facts of the case in so
far as your own rendition does not detract from the core issues.
(a) Discuss the type of court proceedings that must be used to institute EBA’s claim.
As EBA (Pty) Ltd is aiming to recover a fixed sum of R1.5 million from DSA Equipment
(Pty) Ltd, a simple summons should be used to initiate the claim. According to Rule
2(b), a simple summons is appropriate for claims involving a liquidated demand or debt,
such as a specific and fixed amount of money owed. The agreement between EBA and
DSA for the supply and delivery of components on 30-day credit terms, along with the
invoice given to Mr. Smith, clearly establishes the fixed amount owed. Therefore, EBA
should proceed with legal action using a simple summons to recover the outstanding
amount from DSA. This method is suitable for cases where the obligation is clearly
liquidated and the sum can be easily calculated. Using a simple summons aligns with
the requirements of this situation and will facilitate the efficient resolution of the claim for
the amount owed by DSA.
6
