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TLI4801, Portfolio answers. Due 27 May 2025, Semester 1.

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QUESTION 1: CIVIL PRACTICE [50] Question 1.1 Shiny Plastics (Pty) Ltd (“Shiny Plastics”) is a plastic bottle manufacturer based in Pretoria West. Blue Brands (Pty) Ltd (“Blue Brands”) is a contract filling and manufacturing company based in Johannesburg South. The company manufactures and fills soap detergent bottles for a number of brands. On 20 March 2025, the owner of Blue Brands, Ms. Sue Brand, sent an email to Shiny Plastics to place an order for 50 000 plastic bottles valued at R300 000,00 in order to complete an order for a client. The bottles were delivered to Blue Brands the following day, and a copy of the invoice was handed to Ms. Brand. However, she then neglected to pay for the delivery within the 30-day period provided for in terms of the invoice. Despite repeated telephone calls and a formal letter of demand from Shiny Plastics, Blue Brands has not settled the amount. Shiny Plastics wants to sue Blue Brands for the outstanding amount. The owner of Shiny Plastics, DW Shine, approaches you for legal advice regarding the legal proceedings to be instituted against Blue Brands. 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 Shiny Plastics will use to .....

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PORTFOLIO
TECHNIQUES IN TRIAL AND LITIGATION
TLI4801
SEMESTER 1 (ANSWERS)
DUE 27 MAY 2025




Question 1

1.1

(a) Type of Summons (4)

Shiny Plastics will issue a simple summons in this matter. According to Marnewick
(2024: 138), a simple summons is used where the claim is for a debt or liquidated
demand. In this case, the amount owed (R300,000.00) is a fixed, agreed-upon sum
and qualifies as a liquidated demand. The claim arises from a commercial
transaction that is not in dispute as to quantum.


(b) Summary Judgment (4)

Yes, Shiny Plastics can apply for summary judgment if Blue Brands delivers a
notice of intention to defend. Summary judgment is suitable when the plaintiff
believes the defendant has no bona fide defence and is merely delaying the matter
(Marnewick 2024. pg 171). Here, the debt is clear, the invoice was delivered, and
despite follow-ups and a formal letter of demand, no payment was made. This
suggests there is no real defence.

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