, TLI4801 Assignment 1 (COMPLETE ANSWERS)
Semester 2 2025 (642661) - DUE 21 August 2025;
100% TRUSTED Complete, trusted solutions and
explanations.
MULTIPLE CHOICE,ASSURED EXCELENCE
(a) Would you advise ADB Cables to make use of the
Provisional Sentence Procedure to recover the amount owing?
(6 marks)
Yes, I would advise ADB Cables to make use of the provisional
sentence procedure.
Provisional sentence is available where the plaintiff sues
on a liquid document (a written acknowledgment of
indebtedness signed by the debtor).
The Acknowledgment of Debt (AOD) signed by Dennis
Brown on behalf of Brown Electrical constitutes such a
liquid document because:
o It contains a clear, unconditional, and admitted
obligation to pay a fixed sum of money (R1.2M).
o It is signed by the debtor and therefore meets the
requirements.
Since Brown Electrical has defaulted on the AOD, ADB
Cables may apply for provisional sentence instead of
issuing ordinary summons.
Semester 2 2025 (642661) - DUE 21 August 2025;
100% TRUSTED Complete, trusted solutions and
explanations.
MULTIPLE CHOICE,ASSURED EXCELENCE
(a) Would you advise ADB Cables to make use of the
Provisional Sentence Procedure to recover the amount owing?
(6 marks)
Yes, I would advise ADB Cables to make use of the provisional
sentence procedure.
Provisional sentence is available where the plaintiff sues
on a liquid document (a written acknowledgment of
indebtedness signed by the debtor).
The Acknowledgment of Debt (AOD) signed by Dennis
Brown on behalf of Brown Electrical constitutes such a
liquid document because:
o It contains a clear, unconditional, and admitted
obligation to pay a fixed sum of money (R1.2M).
o It is signed by the debtor and therefore meets the
requirements.
Since Brown Electrical has defaulted on the AOD, ADB
Cables may apply for provisional sentence instead of
issuing ordinary summons.
