TLI4801 Portfolio Final Portfolio Semester 1 2020

TECHNIQUES IN TRIAL AND LITIGATION CIVIL PRACTICE QUESTION 01 a) To initiate Timberson's application a simple summons will be issued. According to Rule 2(b), a simple summons may only be used for those cases in which the offended party's case is for a liquidated demand or debt, as such, where the case is for a fixed, specific, or determined sum or property. A claim for a predestined amount of money owed for example a claim at the purchase price of products sold and will qualify as a case for an obligation or liquidated demand. The courts have additionally demonstrated that the obligation is liquidated where it is granted or where the fiscal value is fit for being discovered expediently. To be a liquidated demand, the interest must be set out so that the sum might be determined by simple mathematical calculations. diametrically, the joined summons is primarily appropriated where the offended party's case is deliquidated, that is, where it is not claimed for an obligation or liquidated demand; applications for which a combined summons is utilized frequently incorporate factual disputes that require the evidence of oral proof to determine the issues where the quantum must be settled.1 b)A plaintiff is only permissible to apply for summary judgment if their claim is based on a liquid document; (ii) for a liquidated amount of money; (iii) for delivery of the specified movable property; or (iv) for ejectment. The summary judgment strategy is intended to protect an offended