Trial and Litigation
TLI4801
Assignment 01
Semester 01 2023
, 4.1 Assignment 01 – Semester 1
Answer the following questions using proper references. Your entire assignment answer
(questions 1 (a) – (d)) must not exceed 15 pages. Note: You may make up your own
facts to supplement the given facts without detracting from the core issues.
1. You are the best litigation attorney in town! On the morning of 30 June 2022 a dismal-
looking Ms Complexion Perfection, a former Miss South Africa, is in need of legal
advice and she consults you. She informs you that her aggressive boyfriend, Mr
Botox Bill, has assaulted her at their residence the night before, leaving her with
unsightly facial scars and medical expenses of R35 000. Due to the facial scars, Ms
Complexion Perfection is unable to continue her modelling career and wants to
institute a claim against Mr Botox Bill. You are eager to assist and therefore conducts
an interview with Ms Complexion Perfection.
Answer the following questions.
(a) Critically discuss the purpose and objectives of your interview and the aim of
exchanging pleasantries with Ms Complexion Perfection during the interview. (10)
Source: Refer to Chapter 1 of the prescribed textbook.
(b) Discuss the type of summons Ms Complexion Perfection will use to institute her claim
or action. (4)
(c) Discuss the term “facta probanda” and draft that section of the pleading
(referred to in (b) above) that sets out Ms Complexion Perfection’s “facta
probanda” only. (10)
Source: Refer to Chapter Chapter 5 and 6 of the prescribed textbook.