Ashleigh Hala Student number 55612792 CIV3701
October/November 2021 21 October 2021
DECLARATION OF AUTHENTICITY
I, Ashleigh Hala
Student number: 55612792
Declare that I am the author of this examination in CIV3701. I further declare that
the entire examination is my own, original work and that where I used other
information and resources, I did so in a responsible manner. I did not plagiarise
in any way and I have referenced and acknowledged any legal resources that
I have consulted and used to complete this examination. By signing this
declaration I acknowledge that I am aware of what plagiarism is, and the
consequences thereof. Furthermore, I acknowledge that I am aware of UNISA’s
policy on plagiarism and understand that if there is evidence of plagiarism within
this document, UNISA may take the necessary action.
Date: 21 October 2021
Place: Fourways, Johannesburg
Signature: Ashleigh Hala
1
, Ashleigh Hala Student number 55612792 CIV3701
October/November 2021 21 October 2021
INTRODUCTORY STUDIES
QUESTION 1
(c) According to Uniform Rule 34 of the High Court, rule 34 differentiates between
money claims and performance claims.
(d) As held in the case of Rich and Others v Lagrwey 1974 (4) SA 748 (A), a
liquid claim provides evidence, on its own, as unconditional
acknowledgement of indebtedness in a known amount of money which is
due. A liquid document is characterised by the idea that it is an
unconditional, written acknowledgement of liability for a certain amount of
money, which needs to be paid to the creditor. These can be cheques,
acknowledgment of debt or a mortgage bond. A specific procedure to ensure
a claim can be used when a cause of action is based on a liquid document,
known as a provisional sentence procedure.
In the case of someone paying by cheque, the cheque used to pay for a
holiday ends up bouncing. Here the person responsible for payment has two
causes of action available, either to base the claim on breach of contract, the
examples mentioned above, or on the liquid document, being the bounced
cheque. If relying on the liquid document, you can use the special provisional
sentence to prove your case.
QUESTION 2
(a)(i) An interdict can be used.
(ii) A notice of motion accompanied by affidavits must be brought against the party
that relief is being sought from, the respondents notice of opposition with an
answering affidavit, as well as the applicants replying affidavit. Further
affidavits are permitted after this point between parties at the discretion of the
court.
(iii) Ex parte application
(b) (i) Normal service
(ii) Edictal citation
(iii) Power of attorney
(iv) A notice of motion
(v) A notice of intention to defend
(vi) Amendment or correction of pleadings
(vii) Application to strike out
2
October/November 2021 21 October 2021
DECLARATION OF AUTHENTICITY
I, Ashleigh Hala
Student number: 55612792
Declare that I am the author of this examination in CIV3701. I further declare that
the entire examination is my own, original work and that where I used other
information and resources, I did so in a responsible manner. I did not plagiarise
in any way and I have referenced and acknowledged any legal resources that
I have consulted and used to complete this examination. By signing this
declaration I acknowledge that I am aware of what plagiarism is, and the
consequences thereof. Furthermore, I acknowledge that I am aware of UNISA’s
policy on plagiarism and understand that if there is evidence of plagiarism within
this document, UNISA may take the necessary action.
Date: 21 October 2021
Place: Fourways, Johannesburg
Signature: Ashleigh Hala
1
, Ashleigh Hala Student number 55612792 CIV3701
October/November 2021 21 October 2021
INTRODUCTORY STUDIES
QUESTION 1
(c) According to Uniform Rule 34 of the High Court, rule 34 differentiates between
money claims and performance claims.
(d) As held in the case of Rich and Others v Lagrwey 1974 (4) SA 748 (A), a
liquid claim provides evidence, on its own, as unconditional
acknowledgement of indebtedness in a known amount of money which is
due. A liquid document is characterised by the idea that it is an
unconditional, written acknowledgement of liability for a certain amount of
money, which needs to be paid to the creditor. These can be cheques,
acknowledgment of debt or a mortgage bond. A specific procedure to ensure
a claim can be used when a cause of action is based on a liquid document,
known as a provisional sentence procedure.
In the case of someone paying by cheque, the cheque used to pay for a
holiday ends up bouncing. Here the person responsible for payment has two
causes of action available, either to base the claim on breach of contract, the
examples mentioned above, or on the liquid document, being the bounced
cheque. If relying on the liquid document, you can use the special provisional
sentence to prove your case.
QUESTION 2
(a)(i) An interdict can be used.
(ii) A notice of motion accompanied by affidavits must be brought against the party
that relief is being sought from, the respondents notice of opposition with an
answering affidavit, as well as the applicants replying affidavit. Further
affidavits are permitted after this point between parties at the discretion of the
court.
(iii) Ex parte application
(b) (i) Normal service
(ii) Edictal citation
(iii) Power of attorney
(iv) A notice of motion
(v) A notice of intention to defend
(vi) Amendment or correction of pleadings
(vii) Application to strike out
2
