CIV3701 Assignment 1
(COMPLETE ANSWERS)
Semester 2 2025 - DUE 21
August 2025
For assistance contact
Email:
, QUESTION 1
(a) Why P shouldn't use an ordinary application: An ordinary application is generally
inappropriate for instituting a claim for a breach of contract because such a claim usually
involves a dispute of fact. Applications are used when there are no significant factual
disputes, as they rely on written affidavits. A breach of contract case often requires oral
evidence from witnesses to prove the terms of the contract, the breach, and the resulting
damages. Therefore, an action (summons) procedure is the correct choice.
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(b) Why P can institute proceedings in the Bloemfontein High Court: The Bloemfontein
High Court has jurisdiction because of the principle of ratio jurisdictionis, specifically the
ground of locis rei gestae (the place where the cause of action arose). The breach of contract,
which is the cause of action, occurred in Bloemfontein. Since P is an incola of Bloemfontein,
the court can exercise jurisdiction over the matter.
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(c) Would the answer to (b) differ if Y were a foreign peregrinus? Yes, the answer would
differ. If Y were a foreign peregrinus (a person not domiciled or resident in South Africa), the
Bloemfontein High Court could not exercise jurisdiction solely on the basis of the cause of
action having arisen there. Jurisdiction over a foreign peregrinus requires an additional step:
attachment of the peregrinus's property within the court's jurisdiction to found or confirm
jurisdiction. Since Y resides in Johannesburg, the Bloemfontein High Court would have no
property to attach. Therefore, P would have to sue Y in the Johannesburg High Court.
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(d) Would the answer to (b) differ if the claim related to fixed property? Yes, the answer
would differ. If the claim related to the registration of fixed property, jurisdiction would lie
solely with the court in whose area the property is situated. This is a principle known as
forum rei sitae. Since the property is in Pretoria, only the Pretoria High Court would have
jurisdiction to hear the matter, regardless of where the parties reside or where the cause of
action arose.
<br>
<br>
(COMPLETE ANSWERS)
Semester 2 2025 - DUE 21
August 2025
For assistance contact
Email:
, QUESTION 1
(a) Why P shouldn't use an ordinary application: An ordinary application is generally
inappropriate for instituting a claim for a breach of contract because such a claim usually
involves a dispute of fact. Applications are used when there are no significant factual
disputes, as they rely on written affidavits. A breach of contract case often requires oral
evidence from witnesses to prove the terms of the contract, the breach, and the resulting
damages. Therefore, an action (summons) procedure is the correct choice.
<br>
<br>
(b) Why P can institute proceedings in the Bloemfontein High Court: The Bloemfontein
High Court has jurisdiction because of the principle of ratio jurisdictionis, specifically the
ground of locis rei gestae (the place where the cause of action arose). The breach of contract,
which is the cause of action, occurred in Bloemfontein. Since P is an incola of Bloemfontein,
the court can exercise jurisdiction over the matter.
<br>
<br>
(c) Would the answer to (b) differ if Y were a foreign peregrinus? Yes, the answer would
differ. If Y were a foreign peregrinus (a person not domiciled or resident in South Africa), the
Bloemfontein High Court could not exercise jurisdiction solely on the basis of the cause of
action having arisen there. Jurisdiction over a foreign peregrinus requires an additional step:
attachment of the peregrinus's property within the court's jurisdiction to found or confirm
jurisdiction. Since Y resides in Johannesburg, the Bloemfontein High Court would have no
property to attach. Therefore, P would have to sue Y in the Johannesburg High Court.
<br>
<br>
(d) Would the answer to (b) differ if the claim related to fixed property? Yes, the answer
would differ. If the claim related to the registration of fixed property, jurisdiction would lie
solely with the court in whose area the property is situated. This is a principle known as
forum rei sitae. Since the property is in Pretoria, only the Pretoria High Court would have
jurisdiction to hear the matter, regardless of where the parties reside or where the cause of
action arose.
<br>
<br>
