CIV3701 Assignment 1 (COMPLETE ANSWERS) Semester 2 2024 - DUE 25 August 2024

CIV3701 Assignment

1 (COMPLETE

ANSWERS)

Semester 2 2024 -

DUE 25 August 2024

,CIV3701 Assignment 1 (COMPLETE ANSWERS)

Semester 2 2024 - DUE 25 August 2024

QUESTION 1 X has a claim against Z in the amount of

R600 000 based on breach of contract which occurred in

Cape Town. X is an incola of Cape Town and Z is an incola

of Pretoria. With these facts in mind, answer the following

questions. Give full reasons for your answers. (a) Explain

why it will be inappropriate for X to use an ordinary

application to institute proceedings against Z. (2) (b) Explain

why X can institute proceedings against Z in the Cape Town

High Court. (2) (c) Would your answer to (b) above differ if Z

was a foreign peregrinus of the Republic? (4) (d) Would

your answer to (b) above differ if the claim related to the

registration of fixed property, and the property was situated

in Johannesburg? (2) [10]

Version 1

For assistance with assignments whatsapp +254702715801

, (a) Inappropriateness of Using an Ordinary Application

X should not use an ordinary application to institute

proceedings against Z because:

1. Nature of the Claim: The claim involves a substantial

monetary amount (R600 000) and is based on breach

of contract, which typically requires a detailed

examination of evidence, witness testimonies, and legal

arguments. An ordinary application is more suited for

matters that can be resolved on affidavit evidence and

do not require extensive fact-finding.

2. Dispute of Facts: In breach of contract cases, there is

often a dispute of facts that cannot be adequately

resolved through affidavit evidence alone. Ordinary

applications are generally used for straightforward

cases without substantial disputes of fact, whereas trial




For assistance with assignments whatsapp +254702715801