TLI4801
ASSIGNMENT 1
SEMESTER - 1
DUE DATE: 14 MARCH
2025
"Elevate Your Excellence: Where Distinction Meets Assurance in Every Assignment!"
, TLI4801 ASSIGNMENT 1 SEMESTER 1 – 2025
UNIQUE NUMBER: 835330
DUE DATE: 14 MARCH 2025
ASSIGNMENT 01 – SEMESTER 1
QUESTIONS.
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)
Advising ADB Cables on Provisional Sentence:
i. Definition and Purpose:
Provisional sentence is a speedy remedy used to enforce a liquid document. A liquid
document is one that, on the face of it, evidences an unconditional acknowledgement of
debt.1
It is designed to provide a creditor with swift relief where the debtor's liability is clear.
1
Marnewick, CG. "Litigation Skills for South African Lawyers"
1
ASSIGNMENT 1
SEMESTER - 1
DUE DATE: 14 MARCH
2025
"Elevate Your Excellence: Where Distinction Meets Assurance in Every Assignment!"
, TLI4801 ASSIGNMENT 1 SEMESTER 1 – 2025
UNIQUE NUMBER: 835330
DUE DATE: 14 MARCH 2025
ASSIGNMENT 01 – SEMESTER 1
QUESTIONS.
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)
Advising ADB Cables on Provisional Sentence:
i. Definition and Purpose:
Provisional sentence is a speedy remedy used to enforce a liquid document. A liquid
document is one that, on the face of it, evidences an unconditional acknowledgement of
debt.1
It is designed to provide a creditor with swift relief where the debtor's liability is clear.
1
Marnewick, CG. "Litigation Skills for South African Lawyers"
1
