CIP3701 Essay Assignments

C issues summons against D for damages resulting from breach of contract. With these facts in mind, answer the following questions. (a) Name the procedure that D must follow if C issues a simple summons against D. (1) (b) Briefly discuss the period within which D must commence the procedure identified in (a) above. (3) (c) Name the type of proceedings that D must follow. (1) (d) Briefly explain why D acts correctly by serving and filing a notice of intention to defend, despite the procedure that is followed in (a) above. (3) (e) Briefly explain why it would be correct for D to raise a special plea instead of an exception if D wanted to object to the court’s jurisdiction. (2) [10] QUESTION 2 B issues a combined summons against C for damages arising from a breach of contract. C responds with a notice of intention to defend, and hereafter files a plea on the merits. Answer the following questions. (a) If C wishes to file a counterclaim, state briefly when and how C may do so. (2) (b) Name the pleading that B should file if B is of the opinion that C’s plea on the merits does not disclose a defence. (1) (c) Name the procedure that B must follow if B believes that C is in possession of a tape recording of the negotiations between B and C, which gave rise to the conclusion of the contract. (1) (d) B’s action is unsuccessful, and the court awards costs to the defendant, C. Name the type of costs order that probably will be awarded. (1) [5]