TLI4801
PORTFOLIO Semester 2 2025
Due Date: 28 October 2025
Detailed solutions, explanations, workings
and references.
+27 81 278 3372
, 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.
Varsity Cube 2025 +27 81 278 3372
PORTFOLIO Semester 2 2025
Due Date: 28 October 2025
Detailed solutions, explanations, workings
and references.
+27 81 278 3372
, 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.
Varsity Cube 2025 +27 81 278 3372
