TLI4801 TRIALS & TECHNIQUES
Assignment 1 Solutions
Semester 2 (year 2022)
UNIQUE NUMBER 189004
WE ALIGHT TUTORIALS
EMAIL;
CONTACT; +27611279778
, 4.1 Assignment 01 – Semester 2
NB; Answer the following questions using proper references. Your entire assignment
answer (questions 1-4) must not exceed 15 pages.
1. Mrs. Jones instructs her attorney, Mr. A to sue her former tenant, Ms. Liz
Taylor for arrear rentals in respect of an apartment. The matter is defended. The
parties prepare for the trial and Dolly Young fails to disclose some documents. Mr. A
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 Liz Taylor 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. A 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. A. (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 pages 34-35 of the prescribed textbook. [4]
3. On the morning of the 2nd April 2019, a cyclist, Mr. J oe S oa p , who is a
member of a local cycling club, is cycling on a public road in C a p e T o w n .
Suddenly, he is struck from behind by a speeding taxi driven by Jap Krieg, with
registration number CA 01234. The accident takes place on Long Street, Cape
Town. Mr. Soap is injured as a result of the accident and his bicycle is damaged. Mr.
Assignment 1 Solutions
Semester 2 (year 2022)
UNIQUE NUMBER 189004
WE ALIGHT TUTORIALS
EMAIL;
CONTACT; +27611279778
, 4.1 Assignment 01 – Semester 2
NB; Answer the following questions using proper references. Your entire assignment
answer (questions 1-4) must not exceed 15 pages.
1. Mrs. Jones instructs her attorney, Mr. A to sue her former tenant, Ms. Liz
Taylor for arrear rentals in respect of an apartment. The matter is defended. The
parties prepare for the trial and Dolly Young fails to disclose some documents. Mr. A
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 Liz Taylor 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. A 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. A. (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 pages 34-35 of the prescribed textbook. [4]
3. On the morning of the 2nd April 2019, a cyclist, Mr. J oe S oa p , who is a
member of a local cycling club, is cycling on a public road in C a p e T o w n .
Suddenly, he is struck from behind by a speeding taxi driven by Jap Krieg, with
registration number CA 01234. The accident takes place on Long Street, Cape
Town. Mr. Soap is injured as a result of the accident and his bicycle is damaged. Mr.
