TLI4801 May June Exam Portfolio Semester 1 2026 - DUE 26 May 2026

TLI4801 Exam May June 2026 - DUE 26 May 2026 THE QUESTION PAPER: QUESTION 1: CIVIL PRACTICE 1.1 On 01 August 2025 Zee Man, a businessman and sole owner and director of Zema Plastics (Pty) Ltd (“Zema Plastics”), a plastic bottle manufacturing business based in Pretoria North, entered into a purchase and sale agreement with Maneq (Pty) Ltd (“Maneq”), a supplier and distributor of plant and machinery used for the manufacture of plastic bottles, for the supply and delivery of 2 heavy duty machines to Zema Plastics for a cash price of R10 000 000,00 payable over a period of 6 months in 6 equal monthly instalments. The machines were duly delivered to Zema Plastic and then used by the company. Due to several cash flow challenges, Zema Plastic became unable to settle the last instalment owing to Maneq and despite several verbal assurances made by Mr. Zee Man to the CEO of Maneq, Mr. Drew Case, the amount remains outstanding. You are approached by Mr. Case acting on behalf of Maneq for legal advice or assistance regarding the proceedings that the company seeks to institute against Zema Plastics for payment of the outstanding amount. Answer all the following questions, using proper references in footnotes. Note: In your answers, you are required to make up facts to supplement the given facts of the case in so far as your own rendition does not detract from the core issues. (a) The client is of the view that the matter is straightforward and should be resolved fairly quickly, seeing that there is only one payment outstanding and now seeks advise on whether a mere letter would be sufficient to resolve it. You are required to advise the client on the (i) the effectiveness or not of this approach (3 marks) and (ii) you must prepare the requisite letter to be delivered to Zema Plastics. (3 marks) (6) (b) Assume that there is no positive response to the letter and the client wants to proceed further with the claim through instituting court proceedings. Discuss the type of court proceedings that will be used by Maneq (Pty) Ltd to claim payment of the outstanding amount. (4) (c) Discuss whether Maneq (Pty) Ltd can proceed with summary judgment against Zema Plastic should Zema Plastic enter an intention to defend. (4) (d) Assuming further that there is no application for summary judgment, name and discuss the pleading that must be drafted by the plaintiff in response to the defendant’s intention to defend the matter. (4) (e) Draft the pleading referred to in (c) above. It must include, inter alia, a heading, the description of the parties, their locus standi (if applicable), the court’s jurisdiction, and material facts and prayer (20) (f) Lastly, Maneq (Pty) Ltd requests your advice about a suitable ADR (alternative dispute resolution) mechanism that may be used to resolve the dispute with Zema Plastic expeditiously. Discuss briefly the most suitable ADR mechanism that can be used to 7