TRL4801 ASSIGNMENT 1 AND ASSIGNMENT 2 SEMESTER 1 2025

TRL4801 ASSIGNMENT 1 AND
ASSIGNMENT 2 SEMESTER 1 2025

, TRL4801 ASSIGNMENT 1 AND
ASSIGNMENT 2 SEMESTER 1 2025
QUESTIONS: 1. You act for ADB Cables (Pty) Ltd, a
supplier of high voltage electricity cables. Brown
Electrical (Pty) Ltd is one of the customers of ADB
Cables and the latter on 01 October 2024
supplied cables to Brown Electrical on terms
requiring payment to be made within 60 days of
delivery. You are approached by ADB Cables with
instructions to recover an amount of R1.2M which
is owed to your client by Brown Cables. You
proceed to serve Brown Electrical with a demand.
Upon receipt of the demand, Brown Electrical,
through its sole director and shareholder, Dennis
Brown, informs you that Brown Electrical
acknowledges its debt to ADB Cables and
subsequently enters into an acknowledgement of
debt (AOD). Brown Electrical subsequently fails to
abide by the payment procedure agreed upon in
the AOD. (a) Would you advise ADB Cables to
make use of the Provisional Sentence Procedure
to recover the amount owing? Provide reason(s)
for your answer.
(a) Would you advise ADB Cables to make use of the Provisional Sentence
Procedure to recover the amount owing?

Yes, I would advise ADB Cables to make use of the Provisional Sentence
Procedure, provided that the Acknowledgment of Debt (AOD) meets the legal
requirements of a liquid document.

Reasons: