,TLI4801 Assignment 1 (COMPLETE ANSWERS)
Semester 2 2025 (642661) - DUE 21 August
2025; 100% TRUSTED Complete, trusted
solutions and explanations.
1. You are the legal representative of ADB Cables (Pty) Ltd, a
supplier of high voltage electricity cables. Brown Cables (Pty)
Ltd is one of the customers of ADB Cables (Pty) Ltd and the
latter on 01 February 2025 supplied cables to Brown Cables
(Pty) Ltd on terms requiring payment to be made within 60 days
of delivery. You are approached by ADB Cables (Pty) Ltd with
instructions to recover an amount of R1.5M which is owed to
your client by Brown Cables (Pty) Ltd. You proceed to serve
Brown Cables (Pty) Ltd with a demand. Upon receipt of the
demand, Brown Cables (Pty) Ltd, through its sole director and
shareholder, Dennis Brown, informs you that Brown Cables (Pty)
Ltd acknowledges its debt to ADB Cables (Pty) Ltd and
subsequently enters into an acknowledgement of debt (AOD).
Brown Cables subsequently fails to abide by the payment
procedure agreed upon in the AOD. (a) Would you advise ADB
Cables (Pty) Ltd to make use of the Provisional Sentence
Procedure to recover the amount owing? Provide reason(s) for
your answer. (5) (b) Prepare a draft of the provisional sentence
summons and highlight all the necessary averments that must
be included in the summons. (10) (c) Fully discuss the legal
, consequences should provisional sentence be refused by the
court. (5) Downloaded by Corona Virus () lOMoARcPSD|
TLI4801/102/2/2025 4 (d) If the court grants provisional
sentence, would it still be possible for the defendant to enter
into the principal case? Fully discuss the steps that the
defendant would need to take in this instance. (5) 2. The Legal
Practice Act of 2014 (“the Act”) provides for the appointment of
the Legal Ombudsman. Briefly discuss the purpose and
objectives of the Legal Ombudsman as set out in the Act.
1(a) Would you advise ADB Cables (Pty) Ltd to make use of the
Provisional Sentence Procedure to recover the amount owing?
(5 marks)
Yes, I would advise ADB Cables (Pty) Ltd to make use of the
provisional sentence procedure, for the following reasons:
1. Existence of a Liquid Document: Brown Cables (Pty) Ltd
signed an Acknowledgement of Debt (AOD) admitting
liability for the R1.5 million owed. An AOD that
unconditionally acknowledges debt constitutes a liquid
document, which is a requirement for provisional
sentence proceedings.
2. Speedy Remedy: Provisional sentence proceedings are
designed to allow a plaintiff to obtain quick relief based
Semester 2 2025 (642661) - DUE 21 August
2025; 100% TRUSTED Complete, trusted
solutions and explanations.
1. You are the legal representative of ADB Cables (Pty) Ltd, a
supplier of high voltage electricity cables. Brown Cables (Pty)
Ltd is one of the customers of ADB Cables (Pty) Ltd and the
latter on 01 February 2025 supplied cables to Brown Cables
(Pty) Ltd on terms requiring payment to be made within 60 days
of delivery. You are approached by ADB Cables (Pty) Ltd with
instructions to recover an amount of R1.5M which is owed to
your client by Brown Cables (Pty) Ltd. You proceed to serve
Brown Cables (Pty) Ltd with a demand. Upon receipt of the
demand, Brown Cables (Pty) Ltd, through its sole director and
shareholder, Dennis Brown, informs you that Brown Cables (Pty)
Ltd acknowledges its debt to ADB Cables (Pty) Ltd and
subsequently enters into an acknowledgement of debt (AOD).
Brown Cables subsequently fails to abide by the payment
procedure agreed upon in the AOD. (a) Would you advise ADB
Cables (Pty) Ltd to make use of the Provisional Sentence
Procedure to recover the amount owing? Provide reason(s) for
your answer. (5) (b) Prepare a draft of the provisional sentence
summons and highlight all the necessary averments that must
be included in the summons. (10) (c) Fully discuss the legal
, consequences should provisional sentence be refused by the
court. (5) Downloaded by Corona Virus () lOMoARcPSD|
TLI4801/102/2/2025 4 (d) If the court grants provisional
sentence, would it still be possible for the defendant to enter
into the principal case? Fully discuss the steps that the
defendant would need to take in this instance. (5) 2. The Legal
Practice Act of 2014 (“the Act”) provides for the appointment of
the Legal Ombudsman. Briefly discuss the purpose and
objectives of the Legal Ombudsman as set out in the Act.
1(a) Would you advise ADB Cables (Pty) Ltd to make use of the
Provisional Sentence Procedure to recover the amount owing?
(5 marks)
Yes, I would advise ADB Cables (Pty) Ltd to make use of the
provisional sentence procedure, for the following reasons:
1. Existence of a Liquid Document: Brown Cables (Pty) Ltd
signed an Acknowledgement of Debt (AOD) admitting
liability for the R1.5 million owed. An AOD that
unconditionally acknowledges debt constitutes a liquid
document, which is a requirement for provisional
sentence proceedings.
2. Speedy Remedy: Provisional sentence proceedings are
designed to allow a plaintiff to obtain quick relief based
