SELLING” memos for the year 2024.
TLI4801
Techniques in Trial and litigation
ASSIGNMENT 1
MEMO + FREE EXAMPACK/
NOTES BOOKLET
SEMESTER 2 – 2025 - UNISA
UNIQUE NUMBER: - 642661
DUE DATE: - 21 AUGUST 2025
Footnotes/Bibliography included
ASSIGNMENT PREVIEW
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. On 01 February 2025, ADB Cables 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 R1.5 million owed to your client by Brown Cables. You proceed to serve Brown
Cables with a demand. Upon receipt, Brown Cables (Pty) Ltd, through its sole director and shareholder, Dennis Brown,
acknowledges the debt and enters into an Acknowledgement of Debt (AOD). However, Brown Cables subsequently fails
to abide by the payment procedure agreed upon in the AOD.
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, Question 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. On 01 February 2025, ADB Cables 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
R1.5 million owed to your client by Brown Cables. You proceed to serve Brown Cables
with a demand. Upon receipt, Brown Cables (Pty) Ltd, through its sole director and
shareholder, Dennis Brown, acknowledges the debt and enters into an
Acknowledgement of Debt (AOD). However, Brown Cables subsequently fails to abide
by the payment procedure agreed upon in the AOD.
1(a)
Would you advise ADB Cables (Pty) Ltd to make use of the Provisional Sentence
Procedure to recover the amount owing? Provide reasons for your answer. (5)
1(b)
Prepare a draft of the provisional sentence summons and highlight all the
necessary averments that must be included in the summons. (10)
1(c)
Fully discuss the legal consequences should provisional sentence be refused by
the court. (5)
1(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)