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Tli4801 Assignment 1 (Answers) Semester 2 2026 - Distinction Guaranteed.

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Comprehensively structured TLI4801 Assignment 1 (ANSWERS) Semester 2 2026 - DISTINCTION GUARANTEED. Prepared to a distinction standard with detailed and well-developed responses....Discuss whether it is appropriate for Mr. XT to use an action or application procedure. ( Depending on your answer in (a) above, name and discuss the pleading or process that will be used by Mr. XT on behalf of his client, Mr. Avril Mark. Discuss the advantages and disadvantages of advising by letter to a “lay” client. Discuss whether Mr. April will use a combined summons or a provisional sentence summons to institute his claim or action. Discuss whether the Road Accident Fund can be approached in this matter. Discuss the procedure that the defendant Krek Forte may use in the above instance Discuss the application of ‘community service’ in practice. In your answer, you must refer to current legislation 1. Avril Mark, a commercial property owner, is in the business of leasing office space in Menlyn, Pretoria. Mr. Mark instructs his attorney, Mr. Winner XT, to sue his former tenant, Ms. Sue Best, a psychologist, running her business as a sole proprietor at the Menlyn property of Avril Mark for arrear rentals in respect of the office space. Mr XT proceeds with a summons issued out of the High Court division, Pretoria. The matter is defended. The parties prepare for the trial and Ms. Best fails to disclose some documents. Mr. XT believes that his client’s case preparation is prejudiced by this failure, and he approaches the court in terms of Rule 35(7) for an order to force Sue Best to disclose the documents. Answer the following questions. You may supplement the given facts, provided that your own rendition does not detract from the core issues. (a) Discuss whether it is appropriate for Mr. XT to use an action or application procedure. (4) (b) Depending on your answer in (a) above, name and discuss the pleading or process that will be used by Mr. XT on behalf of his client, Mr. Avril Mark. (6) Refer to Chapter 10 of the prescribed textbook as a starting point. You must apply the relevant law to the given facts. [10] 2. Discuss the advantages and disadvantages of advising by letter to a “lay” client. Refer to Chapter 2 of the prescribed textbook. [4] 3. On the afternoon of 3rd December 2025, John April, a cyclist and a member of a local cycling club, is on his normal morning scenic coastal routes ride on a public road in Salt Rock, North Coast near Durban. Suddenly, he is struck from behind by a speeding delivery van driven by Krek Forte, with registration number BC 44 KZN. The accident takes place on Salt Rock drive. Mr. April is injured as a result of the accident and his bicycle is damaged. He furthermore sustains the following injuries: a broken right leg, a broken pelvis, a deep cut below his right eye resulting in permanent facial scarring, bruises and abrasions to the right-hand side of his body. His doctors advise him that he will not be able to resume cycling as a sport because of his injuries. His injuries and damages amount to R 850 000,00. Mr. April wants to institute a claim against Krek Forte. He approaches you for legal advice. Answer the following questions, using proper references in footnotes. You may supplement the given facts, provided that your own rendition does not detract from the core issues. (a) Discuss whether Mr. April will use a combined summons or a provisional sentence summons to institute his claim or action. (4) (b) Discuss whether the Road Accident Fund can be approached in this matter. (4) (c) Mr. April’s pleading contains the following statement: 4. The said accident was caused by the negligence of the defendant Krek Forte in that he: (a) drove recklessly as delivery vans are in the habit of doing…” Discuss the procedure that the defendant Krek Forte may use in the above instance. (4) Refer to Chapters 6 and 9 of the prescribed textbooks. [12] 4. Discuss the application of ‘community service’ in practice. In your answer, you must refer to current legislation.

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TLI4801
Assignment 1 Semester 1 2026
Unique number: 265331
Due Date: 16 March 2026
QUESTION 1

a.

An action procedure is initiated by way of summons and is appropriate where there is a
genuine dispute of fact that must be resolved through oral evidence at a trial. Evidence in an
action is presented through witnesses who testify and are cross examined. In contrast, an
application procedure is initiated by a notice of motion and is generally suitable where the
facts are common cause or where disputes can be resolved on the papers, with evidence
presented by way of affidavits.1

Rule 35(7) of the Uniform Rules of Court provides a procedural mechanism to compel a
party to comply with discovery obligations.1 An application brought in terms of Rule 35(7) is
an interlocutory application, which seeks interim procedural relief during the course of an
existing action.1 Evidence in such proceedings is placed before the court by means of
affidavits and not oral testimony.



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QUESTION 1

a.

An action procedure is initiated by way of summons and is appropriate where there
is a genuine dispute of fact that must be resolved through oral evidence at a trial.
Evidence in an action is presented through witnesses who testify and are cross
examined. In contrast, an application procedure is initiated by a notice of motion and
is generally suitable where the facts are common cause or where disputes can be
resolved on the papers, with evidence presented by way of affidavits.1

Rule 35(7) of the Uniform Rules of Court provides a procedural mechanism to
compel a party to comply with discovery obligations.2 An application brought in terms
of Rule 35(7) is an interlocutory application, which seeks interim procedural relief
during the course of an existing action.3 Evidence in such proceedings is placed
before the court by means of affidavits and not oral testimony.

Ms Best’s failure to disclose documents prejudices trial preparation and requires
urgent procedural intervention. The court is therefore not required to determine
disputed facts relating to liability, but only to decide whether proper discovery has
occurred.4 An application procedure is specifically designed for this purpose.

Accordingly, Mr XT correctly approaches the court by way of an application to
compel discovery under Rule 35(7), as this is the appropriate procedural remedy
within an action already instituted.5




b.

In this matter, the step to be used by Mr Winner XT is a process, namely an
interlocutory application in terms of Rule 35(7) of the Uniform Rules of Court. A
pleading sets out the material facts upon which a claim or defence is based, such as


1
CG Marnewick Litigation Skills for South African Lawyers 4 ed (LexisNexis 2019) 104.
2
Uniform Rules of Court r 35(7).6.
3
Marnewick (n 1) 312.
4
Erasmus Superior Court Practice (RS 17, 2023) D1–504.
5
Moulded Components and Rotomoulding South Africa (Pty) Ltd v Coucourakis 1979 (2) SA 457 (W) 461.

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Publisher: 2019 ISBN: 9780639010366 Edition: Unknown

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