TLI4801
Assignment 1 (COMPLETE ANSWERS)
Semester 1 2025 (835330)
DUE 14 March 2025
, ACTIVITIES
You act for ADB Cables (Pty) Ltd, a supplier of high voltage electricity cables. Brown Electrical (Pty) Ltd
is one of the customers of ADB Cables and the latter on 01 from Jock Builders. The material/supplies
are delivered by Jock Builders to Mr Peters, and a copy of the invoice is handed to Mr Peters. Mr
Peters neglects to pay for the building material/supplies. Despite repeated requests by Jock Builders,
Mr Peters does not pay or settle the amount. Jock Builders wants to sue Mr Peters for the
outstanding amount. The owner of Jock Builders approaches you for legal advice regarding the
proceedings to be instituted against Mr Peters. 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 in so far as your own rendition does not detract from the core issues. (a)
Discuss the type of summons that Jock Builders will use to recover the outstanding amount. (4) You
act for ADB Cables (Pty) Ltd, a supplier of high voltage electricity cables. Brown Electrical (Pty) Ltd is
one of the customers of ADB Cables and the latter on 01 October 2024 supplied cables to Brown
Electrical on terms requiring payment to be made within 60 days of delivery. You are approached by
ADB Cables with instructions to recover an amount of R1.2M which is owed to your client by Brown
Cables. You proceed to serve Brown Electrical with a demand. Upon receipt of the demand, Brown
Electrical, through its sole director and shareholder, Dennis Brown, informs you that Brown Electrical
acknowledges its debt to ADB Cables and subsequently enters into an acknowledgement of debt
(AOD). Brown Electrical subsequently fails to abide by the payment procedure agreed upon in the
AOD. (a) Would you advise ADB Cables to make use of the Provisional Sentence Procedure to recover
the amount owing? Provide reason(s) for your answer. (6 marks) (b) Prepare a draft of the provisional
sentence summons and highlight all the necessary averments that must be included in the summons
(10 marks) (c) Discuss fully the legal consequences should provisional sentence be refused by the
court (7 marks) (d) If the court grants provisional sentence, would it still be possible for the defendant
to enter into the principal case? Discuss fully the steps that the defendant would need to take in this
instance. (7 marks) (b) Draft the summons chosen in 1(a) above. (10) (c) The owner of Jock Builders
requests your advice regards a suitable ADR (alternative dispute resolution) mechanism to resolve the
dispute with Mr Peters expeditiously. Discuss briefly whether arbitration or negotiation is the most
suitable ADR mechanism having regard to the given facts and advise Jock Builders accordingly. (10)
Assignment 1 (COMPLETE ANSWERS)
Semester 1 2025 (835330)
DUE 14 March 2025
, ACTIVITIES
You act for ADB Cables (Pty) Ltd, a supplier of high voltage electricity cables. Brown Electrical (Pty) Ltd
is one of the customers of ADB Cables and the latter on 01 from Jock Builders. The material/supplies
are delivered by Jock Builders to Mr Peters, and a copy of the invoice is handed to Mr Peters. Mr
Peters neglects to pay for the building material/supplies. Despite repeated requests by Jock Builders,
Mr Peters does not pay or settle the amount. Jock Builders wants to sue Mr Peters for the
outstanding amount. The owner of Jock Builders approaches you for legal advice regarding the
proceedings to be instituted against Mr Peters. 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 in so far as your own rendition does not detract from the core issues. (a)
Discuss the type of summons that Jock Builders will use to recover the outstanding amount. (4) You
act for ADB Cables (Pty) Ltd, a supplier of high voltage electricity cables. Brown Electrical (Pty) Ltd is
one of the customers of ADB Cables and the latter on 01 October 2024 supplied cables to Brown
Electrical on terms requiring payment to be made within 60 days of delivery. You are approached by
ADB Cables with instructions to recover an amount of R1.2M which is owed to your client by Brown
Cables. You proceed to serve Brown Electrical with a demand. Upon receipt of the demand, Brown
Electrical, through its sole director and shareholder, Dennis Brown, informs you that Brown Electrical
acknowledges its debt to ADB Cables and subsequently enters into an acknowledgement of debt
(AOD). Brown Electrical subsequently fails to abide by the payment procedure agreed upon in the
AOD. (a) Would you advise ADB Cables to make use of the Provisional Sentence Procedure to recover
the amount owing? Provide reason(s) for your answer. (6 marks) (b) Prepare a draft of the provisional
sentence summons and highlight all the necessary averments that must be included in the summons
(10 marks) (c) Discuss fully the legal consequences should provisional sentence be refused by the
court (7 marks) (d) If the court grants provisional sentence, would it still be possible for the defendant
to enter into the principal case? Discuss fully the steps that the defendant would need to take in this
instance. (7 marks) (b) Draft the summons chosen in 1(a) above. (10) (c) The owner of Jock Builders
requests your advice regards a suitable ADR (alternative dispute resolution) mechanism to resolve the
dispute with Mr Peters expeditiously. Discuss briefly whether arbitration or negotiation is the most
suitable ADR mechanism having regard to the given facts and advise Jock Builders accordingly. (10)
