,TLI4801 OCTOBER NOVEMBER PORTFOLIO Semester 2 2024 - DUE 22 October
2024
QUESTION 1: CIVIL PRACTICE [50]
Question 1.1 Ms. Bright Lesedi is a businesswoman from Bela-Bela. She runs a
business that manufactures furniture. On 20 April 2024 she purchased raw material
from Olive Woods Furniture (“Olive Woods”), a furniture material factory in Pretoria, for
an amount of R180 000,00. The material was delivered by Olive Woods and a copy of
the invoice was handed to Ms. Lesedi, who then neglected to pay for the material within
the 30-day period provided for in terms of the invoice. Despite repeated requests by
Olive Woods, Ms. Lesedi did not settle the amount. Olive Woods wants to sue Ms.
Lesedi for the outstanding amount. The owner of Olive Woods approaches you for legal
advice regarding the proceedings to be instituted against Ms. Lesedi. (1)
THE ANSWERS IN THIS QUESTION PAPER ARE TO BE OBTAINED FROM YOUR
PRESCRIBED STUDY MATERIAL, namely, the prescribed textbook, CG Marnewick
Litigation Skills for South African Lawyers, 4th edition, (2019 LexisNexis), additional
resources material and tutorial letter 201. You may consult other sources provided that
they are properly referenced. (3) YOU ARE REQUIRED TO EXHIBIT YOUR OWN
INITIATIVE WHEN ANSWERING QUESTIONS, IN ORDER TO SHOW THAT YOU
UNDERSTAND THE CONTENT. IN OTHER WORDS, YOU MUST, AS FAR AS
POSSIBLE, USE YOUR OWN WORDS WHEN WRITING YOUR ANSWERS. THE
WORD-FOR-WORD REGURGITATION OF ANSWERS FROM THE STUDY MATERIAL
, WILL NOT BE REWARDED WITH FULL MARKS. (4) THE ANSWERS MUST BE
WRITTEN OR TYPED. YOUR COMPLETED ANSWERS MUST THEN BE
CONVERTED INTO PDF FORMAT AND SUBMITTED ONLINE IN THE SAME
MANNER THAT YOU SUBMIT ALL OTHER ASSIGNMENTS ONLINE.
TLI4801/202/2/2024 6 Answer the following questions, using proper references. Note: In
your answers, you are required to make up facts/create facts to supplement the given
facts of the case as long as your own rendition does not detract from the core issues.
a) Discuss the type of summons that Olive Woods will use to recover the outstanding
amount (4)
(b) Draft the summons chosen in (a) above. (10)
(c) The owner of Olive Woods requests your advice regarding a suitable ADR
(alternative dispute resolution) mechanism to resolve the dispute with Ms. Lesedi
expeditiously. Advise the owner of Olive Woods appropriately. (10)
Question 1.2
(a) Discuss what you understand by the term “heads of argument”. (3)
(b) Critically discuss how an attorney or advocate may deal with the issue of submitting
heads of argument late in court. (5)
(c) Mr. Brickor Newmark, a defence attorney, commences his first trial in court A at the
Randburg Magistrates’ Court. During the trial, he continuously uses statements like
“Please bear with me, your worship” and “please overlook my mistakes, I am new at
2024
QUESTION 1: CIVIL PRACTICE [50]
Question 1.1 Ms. Bright Lesedi is a businesswoman from Bela-Bela. She runs a
business that manufactures furniture. On 20 April 2024 she purchased raw material
from Olive Woods Furniture (“Olive Woods”), a furniture material factory in Pretoria, for
an amount of R180 000,00. The material was delivered by Olive Woods and a copy of
the invoice was handed to Ms. Lesedi, who then neglected to pay for the material within
the 30-day period provided for in terms of the invoice. Despite repeated requests by
Olive Woods, Ms. Lesedi did not settle the amount. Olive Woods wants to sue Ms.
Lesedi for the outstanding amount. The owner of Olive Woods approaches you for legal
advice regarding the proceedings to be instituted against Ms. Lesedi. (1)
THE ANSWERS IN THIS QUESTION PAPER ARE TO BE OBTAINED FROM YOUR
PRESCRIBED STUDY MATERIAL, namely, the prescribed textbook, CG Marnewick
Litigation Skills for South African Lawyers, 4th edition, (2019 LexisNexis), additional
resources material and tutorial letter 201. You may consult other sources provided that
they are properly referenced. (3) YOU ARE REQUIRED TO EXHIBIT YOUR OWN
INITIATIVE WHEN ANSWERING QUESTIONS, IN ORDER TO SHOW THAT YOU
UNDERSTAND THE CONTENT. IN OTHER WORDS, YOU MUST, AS FAR AS
POSSIBLE, USE YOUR OWN WORDS WHEN WRITING YOUR ANSWERS. THE
WORD-FOR-WORD REGURGITATION OF ANSWERS FROM THE STUDY MATERIAL
, WILL NOT BE REWARDED WITH FULL MARKS. (4) THE ANSWERS MUST BE
WRITTEN OR TYPED. YOUR COMPLETED ANSWERS MUST THEN BE
CONVERTED INTO PDF FORMAT AND SUBMITTED ONLINE IN THE SAME
MANNER THAT YOU SUBMIT ALL OTHER ASSIGNMENTS ONLINE.
TLI4801/202/2/2024 6 Answer the following questions, using proper references. Note: In
your answers, you are required to make up facts/create facts to supplement the given
facts of the case as long as your own rendition does not detract from the core issues.
a) Discuss the type of summons that Olive Woods will use to recover the outstanding
amount (4)
(b) Draft the summons chosen in (a) above. (10)
(c) The owner of Olive Woods requests your advice regarding a suitable ADR
(alternative dispute resolution) mechanism to resolve the dispute with Ms. Lesedi
expeditiously. Advise the owner of Olive Woods appropriately. (10)
Question 1.2
(a) Discuss what you understand by the term “heads of argument”. (3)
(b) Critically discuss how an attorney or advocate may deal with the issue of submitting
heads of argument late in court. (5)
(c) Mr. Brickor Newmark, a defence attorney, commences his first trial in court A at the
Randburg Magistrates’ Court. During the trial, he continuously uses statements like
“Please bear with me, your worship” and “please overlook my mistakes, I am new at
