TLI4801
ASSIGNMENT 1 (SEMESTER 1)..
DUE DATE: 14 March 2025..
PREVIEW:
(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)
ANSWER:
Yes, I would advise ADB Cables (Pty) Ltd to make use of the Provisional Sentence Procedure to recover
the outstanding amount of R1.2M owed by Brown Electrical (Pty) Ltd. This course of action is suitable
for several key reasons:
1. Clear and Liquid Debt: The Provisional Sentence procedure is designed for claims involving liquid
debts that are clear and due. The debt owed by Brown Electrical is liquid, meaning the amount
(R1.2M) is definite, and it is due since the payment date has passed. This makes it an ideal case for
this fast-track process.
2. Acknowledgment of Debt (AOD): Brown Electrical has acknowledged the debt in writing through
the Acknowledgment of Debt (AOD). In cases where the debtor admits the debt, as in this situation,
the Provisional Sentence procedure is highly effective because it does not require a full trial, but
rather relies on the written admission and the clear debt owed.
3. Efficiency and Speed: The Provisional Sentence procedure is an expedited process that allows a
creditor to obtain a judgment for payment without the need for a lengthy trial. Given the urgency in
recovering the R1.2M, this procedure ensures that ADB Cables can recover the funds quickly and
with fewer delays than traditional litigation.
4. No Material Defense: Brown Electrical has not disputed the debt; it has only failed to make payment
as per the agreed terms. The fact that there is no substantial dispute or legitimate defense makes
the Provisional Sentence procedure even more appropriate, as it bypasses the need for detailed
Disclaimer:
Thefactual investigations.
materials provided are intended for educational and informational purposes only. They should not be
submitted as original work or used in violation of any academic institution's policies. The buyer is solely
5. Legal Precedent: The Provisional Sentence procedure is commonly used in similar circumstances
responsible for how the materials are used.
where a debt is acknowledged in writing and is undisputed. This method aligns with common
practice in cases involving straightforward claims for liquid amounts, providing a swift legal remedy.
However, it is essential to note that if Brown Electrical raises any significant legal defenses (e.g.,
ASSIGNMENT 1 (SEMESTER 1)..
DUE DATE: 14 March 2025..
PREVIEW:
(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)
ANSWER:
Yes, I would advise ADB Cables (Pty) Ltd to make use of the Provisional Sentence Procedure to recover
the outstanding amount of R1.2M owed by Brown Electrical (Pty) Ltd. This course of action is suitable
for several key reasons:
1. Clear and Liquid Debt: The Provisional Sentence procedure is designed for claims involving liquid
debts that are clear and due. The debt owed by Brown Electrical is liquid, meaning the amount
(R1.2M) is definite, and it is due since the payment date has passed. This makes it an ideal case for
this fast-track process.
2. Acknowledgment of Debt (AOD): Brown Electrical has acknowledged the debt in writing through
the Acknowledgment of Debt (AOD). In cases where the debtor admits the debt, as in this situation,
the Provisional Sentence procedure is highly effective because it does not require a full trial, but
rather relies on the written admission and the clear debt owed.
3. Efficiency and Speed: The Provisional Sentence procedure is an expedited process that allows a
creditor to obtain a judgment for payment without the need for a lengthy trial. Given the urgency in
recovering the R1.2M, this procedure ensures that ADB Cables can recover the funds quickly and
with fewer delays than traditional litigation.
4. No Material Defense: Brown Electrical has not disputed the debt; it has only failed to make payment
as per the agreed terms. The fact that there is no substantial dispute or legitimate defense makes
the Provisional Sentence procedure even more appropriate, as it bypasses the need for detailed
Disclaimer:
Thefactual investigations.
materials provided are intended for educational and informational purposes only. They should not be
submitted as original work or used in violation of any academic institution's policies. The buyer is solely
5. Legal Precedent: The Provisional Sentence procedure is commonly used in similar circumstances
responsible for how the materials are used.
where a debt is acknowledged in writing and is undisputed. This method aligns with common
practice in cases involving straightforward claims for liquid amounts, providing a swift legal remedy.
However, it is essential to note that if Brown Electrical raises any significant legal defenses (e.g.,
