, CIV3701 Assignment 1 (COMPLETE ANSWERS) Semester 2
2025 - DUE 21 August 2025;100% trusted ,comprehensive and
complete reliable solution with clear explanation
QUESTION 1
P has a claim against Y in the amount of R700 000 based on breach of
contract which occurred in Bloemfontein. P is an incola of Bloemfontein
and Y is an incola of Johannesburg. With these facts in
mind, answer the following questions. Give full reasons for your
answers.
(a) Why it will be inappropriate for P to use an ordinary application
to institute proceedings against Y
(2 marks)
It will be inappropriate for P to use an ordinary application (also called
motion proceedings) because the matter involves a breach of contract,
and it is likely that there will be material disputes of fact between the
parties.
In South African civil procedure:
Application proceedings (i.e., motion proceedings supported by
affidavits) are only appropriate where there are no material
2025 - DUE 21 August 2025;100% trusted ,comprehensive and
complete reliable solution with clear explanation
QUESTION 1
P has a claim against Y in the amount of R700 000 based on breach of
contract which occurred in Bloemfontein. P is an incola of Bloemfontein
and Y is an incola of Johannesburg. With these facts in
mind, answer the following questions. Give full reasons for your
answers.
(a) Why it will be inappropriate for P to use an ordinary application
to institute proceedings against Y
(2 marks)
It will be inappropriate for P to use an ordinary application (also called
motion proceedings) because the matter involves a breach of contract,
and it is likely that there will be material disputes of fact between the
parties.
In South African civil procedure:
Application proceedings (i.e., motion proceedings supported by
affidavits) are only appropriate where there are no material
