TLI4801
October November Portfolio Semester 2 2025
Unique number:
Due Date: 28 October 2025
QUESTION 1: CIVIL PRACTICE
1.1.
(a)
Yes, it is advisable for Mrs Slipper to begin legal proceedings with a formal letter of demand
to the Slip and Shiny Hotel (Pty) Ltd. This letter will outline her intention to claim
compensation for damages arising from the injuries she suffered due to the hotel’s failure to
keep the premises safe. By doing so, she gives the hotel an opportunity to respond,
negotiate or settle the matter without going to court. This can save time, legal costs, and
emotional strain. A proper letter of demand also assists in placing the defendant in mora,
which is important where no specific performance date is set in a contract. If the hotel does
not reply, this may indicate a weak defence. The letter also helps clarify the nature and value
of the claim. It shows good faith and readiness to resolve the matter amicably before
resorting to litigation.1
Terms of use
By making use of this document you agree to:
Use this document as a guide for learning, comparison and reference purpose,
Terms of use
Not to duplicate, reproduce and/or misrepresent the contents of this document as your own work,
By making use of this document you agree to:
Use this document
Fully accept the consequences
solely as a guide forshould you plagiarise
learning, reference,or and
misuse this document.
comparison purposes,
Ensure originality of your own work, and fully accept the consequences should you plagiarise or misuse this document.
Comply with all relevant standards, guidelines, regulations, and legislation governing academic and written work.
Disclaimer
Great care has been taken in the preparation of this document; however, the contents are provided "as is" without any express or
implied representations or warranties. The author accepts no responsibility or liability for any actions taken based on the
information contained within this document. This document is intended solely for comparison, research, and reference purposes.
Reproduction, resale, or transmission of any part of this document, in any form or by any means, is strictly prohibited.
, +27 67 171 1739
QUESTION 1: CIVIL PRACTICE
1.1.
(a)
Yes, it is advisable for Mrs Slipper to begin legal proceedings with a formal letter of
demand to the Slip and Shiny Hotel (Pty) Ltd. This letter will outline her intention to claim
compensation for damages arising from the injuries she suffered due to the hotel’s failure
to keep the premises safe. By doing so, she gives the hotel an opportunity to respond,
negotiate or settle the matter without going to court. This can save time, legal costs, and
emotional strain. A proper letter of demand also assists in placing the defendant in mora,
which is important where no specific performance date is set in a contract. If the hotel
does not reply, this may indicate a weak defence. The letter also helps clarify the nature
and value of the claim. It shows good faith and readiness to resolve the matter amicably
before resorting to litigation.1
(b)
In this case, Mrs Slipper must issue a combined summons rather than a provisional
sentence summons. Her claim is for damages based on a personal injury resulting from
alleged negligence. The amount she seeks is unliquidated because it must be proven
through evidence such as medical reports, expert opinion and testimony. A provisional
sentence summons is used only when the plaintiff has a liquid document signed by the
defendant acknowledging the debt in a fixed amount, like a cheque or IOU.2 Since no such
document exists in this case and the court must determine the value of her claim, a
combined summons is the correct method. The combined summons will include a
separate pleading called the particulars of claim, which will clearly set out the material
facts that form the basis of her legal action.3
(c)
1
CG Marnewick, Litigation Skills for South African Lawyers (4th edn, LexisNexis 2019) 72.
2
Marnewick (n 1) 74.
3
Marnewick (n 1) 76. Disclaimer
Great care has been taken in the preparation of this document; however, the contents are provided "as is"
without any express or implied representations or warranties. The author accepts no responsibility or
liability for any actions taken based on the information contained within this document. This document is
intended solely for comparison, research, and reference purposes. Reproduction, resale, or transmission
of any part of this document, in any form or by any means, is strictly prohibited.
October November Portfolio Semester 2 2025
Unique number:
Due Date: 28 October 2025
QUESTION 1: CIVIL PRACTICE
1.1.
(a)
Yes, it is advisable for Mrs Slipper to begin legal proceedings with a formal letter of demand
to the Slip and Shiny Hotel (Pty) Ltd. This letter will outline her intention to claim
compensation for damages arising from the injuries she suffered due to the hotel’s failure to
keep the premises safe. By doing so, she gives the hotel an opportunity to respond,
negotiate or settle the matter without going to court. This can save time, legal costs, and
emotional strain. A proper letter of demand also assists in placing the defendant in mora,
which is important where no specific performance date is set in a contract. If the hotel does
not reply, this may indicate a weak defence. The letter also helps clarify the nature and value
of the claim. It shows good faith and readiness to resolve the matter amicably before
resorting to litigation.1
Terms of use
By making use of this document you agree to:
Use this document as a guide for learning, comparison and reference purpose,
Terms of use
Not to duplicate, reproduce and/or misrepresent the contents of this document as your own work,
By making use of this document you agree to:
Use this document
Fully accept the consequences
solely as a guide forshould you plagiarise
learning, reference,or and
misuse this document.
comparison purposes,
Ensure originality of your own work, and fully accept the consequences should you plagiarise or misuse this document.
Comply with all relevant standards, guidelines, regulations, and legislation governing academic and written work.
Disclaimer
Great care has been taken in the preparation of this document; however, the contents are provided "as is" without any express or
implied representations or warranties. The author accepts no responsibility or liability for any actions taken based on the
information contained within this document. This document is intended solely for comparison, research, and reference purposes.
Reproduction, resale, or transmission of any part of this document, in any form or by any means, is strictly prohibited.
, +27 67 171 1739
QUESTION 1: CIVIL PRACTICE
1.1.
(a)
Yes, it is advisable for Mrs Slipper to begin legal proceedings with a formal letter of
demand to the Slip and Shiny Hotel (Pty) Ltd. This letter will outline her intention to claim
compensation for damages arising from the injuries she suffered due to the hotel’s failure
to keep the premises safe. By doing so, she gives the hotel an opportunity to respond,
negotiate or settle the matter without going to court. This can save time, legal costs, and
emotional strain. A proper letter of demand also assists in placing the defendant in mora,
which is important where no specific performance date is set in a contract. If the hotel
does not reply, this may indicate a weak defence. The letter also helps clarify the nature
and value of the claim. It shows good faith and readiness to resolve the matter amicably
before resorting to litigation.1
(b)
In this case, Mrs Slipper must issue a combined summons rather than a provisional
sentence summons. Her claim is for damages based on a personal injury resulting from
alleged negligence. The amount she seeks is unliquidated because it must be proven
through evidence such as medical reports, expert opinion and testimony. A provisional
sentence summons is used only when the plaintiff has a liquid document signed by the
defendant acknowledging the debt in a fixed amount, like a cheque or IOU.2 Since no such
document exists in this case and the court must determine the value of her claim, a
combined summons is the correct method. The combined summons will include a
separate pleading called the particulars of claim, which will clearly set out the material
facts that form the basis of her legal action.3
(c)
1
CG Marnewick, Litigation Skills for South African Lawyers (4th edn, LexisNexis 2019) 72.
2
Marnewick (n 1) 74.
3
Marnewick (n 1) 76. Disclaimer
Great care has been taken in the preparation of this document; however, the contents are provided "as is"
without any express or implied representations or warranties. The author accepts no responsibility or
liability for any actions taken based on the information contained within this document. This document is
intended solely for comparison, research, and reference purposes. Reproduction, resale, or transmission
of any part of this document, in any form or by any means, is strictly prohibited.
