,TLI4801 May June Portfolio (COMPLETE ANSWERS) Semester 1
2026 - DUE 26 May 2026 ; 100% TRUSTED Complete, trusted
solutions and explanations.
Due date for examination: 26 May 2026
Unique number: 265699
Submission period: 21 May 2026 - 26 May 2026
QUESTION 1: CIVIL PRACTICE
1.1(a)
(i) Advice on whether a mere letter would be sufficient
A letter of demand is an important first step before instituting legal proceedings. In
practice, it serves several purposes. Firstly, it formally informs the debtor of the
outstanding obligation and gives the debtor an opportunity to settle the debt
without litigation. Secondly, it demonstrates good faith on the part of the creditor
and may later assist in proving that reasonable steps were taken to avoid
unnecessary litigation. Thirdly, it may place the debtor in mora where the
agreement does not stipulate an exact payment date.¹
However, in the present matter, a mere letter may not ultimately be sufficient to
resolve the dispute because several verbal undertakings have already been made by
Mr Zee Man without payment being effected. The debt appears to be liquidated
and due, and the defendant’s failure to honour repeated promises indicates that
litigation may become necessary. Nevertheless, sending a formal letter of demand
remains procedurally advisable because courts generally expect parties to attempt
settlement before commencing proceedings.²
Therefore, Maneq (Pty) Ltd should first issue a formal letter of demand granting
Zema Plastics a reasonable period, for example 7 or 10 days, within which to settle
the outstanding instalment, failing which legal proceedings will be instituted.
, (ii) Letter of Demand
MANEQ (PTY) LTD
45 Industrial Avenue
Midrand
Johannesburg
1685
01 October 2025
The Director
Zema Plastics (Pty) Ltd
12 Foundry Road
Pretoria North
0116
LETTER OF DEMAND
We act on behalf of Maneq (Pty) Ltd (“our client”).
On 01 August 2025 our client concluded a written purchase and sale agreement
with Zema Plastics (Pty) Ltd for the supply and delivery of two heavy-duty plastic
manufacturing machines for the purchase price of R10 000 000.00 payable in six
equal monthly instalments.
Our client duly complied with all its contractual obligations and delivered the
machines to your company. Despite this, your company has failed to pay the final
instalment in the amount of R1 666 666.67, which became due on 30 January
2026.
Numerous verbal undertakings were made by Mr Zee Man that payment would be
effected, but to date no payment has been received.
Accordingly, demand is hereby made for payment of the outstanding amount of R1
666 666.67 together with interest at the prescribed legal rate within 10 (ten) days
from date of receipt of this letter.
2026 - DUE 26 May 2026 ; 100% TRUSTED Complete, trusted
solutions and explanations.
Due date for examination: 26 May 2026
Unique number: 265699
Submission period: 21 May 2026 - 26 May 2026
QUESTION 1: CIVIL PRACTICE
1.1(a)
(i) Advice on whether a mere letter would be sufficient
A letter of demand is an important first step before instituting legal proceedings. In
practice, it serves several purposes. Firstly, it formally informs the debtor of the
outstanding obligation and gives the debtor an opportunity to settle the debt
without litigation. Secondly, it demonstrates good faith on the part of the creditor
and may later assist in proving that reasonable steps were taken to avoid
unnecessary litigation. Thirdly, it may place the debtor in mora where the
agreement does not stipulate an exact payment date.¹
However, in the present matter, a mere letter may not ultimately be sufficient to
resolve the dispute because several verbal undertakings have already been made by
Mr Zee Man without payment being effected. The debt appears to be liquidated
and due, and the defendant’s failure to honour repeated promises indicates that
litigation may become necessary. Nevertheless, sending a formal letter of demand
remains procedurally advisable because courts generally expect parties to attempt
settlement before commencing proceedings.²
Therefore, Maneq (Pty) Ltd should first issue a formal letter of demand granting
Zema Plastics a reasonable period, for example 7 or 10 days, within which to settle
the outstanding instalment, failing which legal proceedings will be instituted.
, (ii) Letter of Demand
MANEQ (PTY) LTD
45 Industrial Avenue
Midrand
Johannesburg
1685
01 October 2025
The Director
Zema Plastics (Pty) Ltd
12 Foundry Road
Pretoria North
0116
LETTER OF DEMAND
We act on behalf of Maneq (Pty) Ltd (“our client”).
On 01 August 2025 our client concluded a written purchase and sale agreement
with Zema Plastics (Pty) Ltd for the supply and delivery of two heavy-duty plastic
manufacturing machines for the purchase price of R10 000 000.00 payable in six
equal monthly instalments.
Our client duly complied with all its contractual obligations and delivered the
machines to your company. Despite this, your company has failed to pay the final
instalment in the amount of R1 666 666.67, which became due on 30 January
2026.
Numerous verbal undertakings were made by Mr Zee Man that payment would be
effected, but to date no payment has been received.
Accordingly, demand is hereby made for payment of the outstanding amount of R1
666 666.67 together with interest at the prescribed legal rate within 10 (ten) days
from date of receipt of this letter.
