2023
TLI4801
Assignment 1
(827464)
DUE: 10 August 2023
UnisaGuides
, Disclaimer
The study notes provided herein are intended to assist students in their academic endeavours and
provide guidance based on assignments. However, it is important to understand and acknowledge
the following points before utilizing these study notes:
1. Educational Aid: These study notes are designed to serve as educational aids and should not be
considered as a substitute for individual research, critical thinking, or professional guidance. Students
are encouraged to conduct their own extensive research and consult with their instructors or
academic advisors for specific assignment requirements.
2. Personal Responsibility: While every effort has been made to ensure the accuracy and reliability of
the information provided in these study notes, the seller cannot guarantee the completeness or
correctness of all the content. It is the responsibility of the buyer to verify the accuracy of the
information and use their own judgment when applying it to their assignments.
3. Academic Integrity: It is crucial for students to uphold academic integrity and adhere to their
institution's policies and guidelines regarding plagiarism, citation, and referencing. These study notes
should be used as a tool for learning and inspiration, but any direct reproduction of the content
without proper acknowledgment and citation may constitute academic misconduct.
4. Subject Variation: The study notes may not cover all possible variations or interpretations of a
subject matter. Different institutions, professors, or courses may have specific requirements or
perspectives that are not addressed in these notes. Therefore, it is essential for students to tailor
their assignments according to their unique academic environment.
5. Limited Liability: The seller of these study notes shall not be held liable for any direct or indirect
damages, losses, or consequences arising from the use of the notes. This includes, but is not limited
to, poor grades, academic penalties, or any other negative outcomes resulting from the application
or misuse of the information provided.
By purchasing and utilizing these study notes, you acknowledge that you have read, understood, and
agreed to the above disclaimer. It is recommended to review the disclaimer periodically, as it may be
subject to updates or revisions without prior notice.
, QUESTION 1
a. Two possible answers:
Option 1:
To institute Mrs. Steven’s divorce action, a combined summons is the suitable
choice. This is because the claim is unliquidated, requiring determination of
quantum, especially in cases where parties' status is affected, such as a divorce.
The combined summons accommodates serious factual disputes, often involving
oral evidence for issue resolution.
Option 2:
The appropriate summons for Mrs. White's divorce action is a combined summons.
This type of summons is used for unliquidated claims involving multiple causes of
action, as in a divorce case where dissolution of marriage and ancillary relief like
custody, maintenance, and division of assets are all encompassed.
b. Two possible answers:
Option 1:
The relevant pleading to be attached to the summons is particulars of claim. It
outlines material facts and substantiates the claim with evidence, making it essential
for unliquidated claims like divorce. Marnewick and Rule 18(3) and 18(4) of the
Uniform Rules provide guidance on its structure.
Option 2:
In this case, the summons will be accompanied by particulars of claim. This
document outlines specifics of the divorce grounds and relief sought, including
marriage details, grounds for divorce (e.g., irreconcilable differences), and ancillary
claims like child custody and asset division.
c. Two possible answers:
Option 1:
The plaintiff’s prayer in the summons includes:
1. Decree of divorce.
2. Co-holders of parental rights for minor children (referred to as "care and contact").
3. Payment of maintenance per child.
4. Costs of the suit.
5. Further or alternative relief.
Option 2:
The summons' prayer encompasses:
1. Decree of divorce to dissolve the marriage between Mr. Joe White and Mrs. Cecile
White.
2. Custody of minor children (Kevin and Nancy) awarded to Mrs. Cecile White.
3. Maintenance for minor children (Kevin and Nancy) to be paid by Mr. Joe White.
4. Equitable division of assets acquired during the marriage.
5. Maintenance for Mrs. Cecile White post-divorce, considering her financial needs
and prior standard of living.
TLI4801
Assignment 1
(827464)
DUE: 10 August 2023
UnisaGuides
, Disclaimer
The study notes provided herein are intended to assist students in their academic endeavours and
provide guidance based on assignments. However, it is important to understand and acknowledge
the following points before utilizing these study notes:
1. Educational Aid: These study notes are designed to serve as educational aids and should not be
considered as a substitute for individual research, critical thinking, or professional guidance. Students
are encouraged to conduct their own extensive research and consult with their instructors or
academic advisors for specific assignment requirements.
2. Personal Responsibility: While every effort has been made to ensure the accuracy and reliability of
the information provided in these study notes, the seller cannot guarantee the completeness or
correctness of all the content. It is the responsibility of the buyer to verify the accuracy of the
information and use their own judgment when applying it to their assignments.
3. Academic Integrity: It is crucial for students to uphold academic integrity and adhere to their
institution's policies and guidelines regarding plagiarism, citation, and referencing. These study notes
should be used as a tool for learning and inspiration, but any direct reproduction of the content
without proper acknowledgment and citation may constitute academic misconduct.
4. Subject Variation: The study notes may not cover all possible variations or interpretations of a
subject matter. Different institutions, professors, or courses may have specific requirements or
perspectives that are not addressed in these notes. Therefore, it is essential for students to tailor
their assignments according to their unique academic environment.
5. Limited Liability: The seller of these study notes shall not be held liable for any direct or indirect
damages, losses, or consequences arising from the use of the notes. This includes, but is not limited
to, poor grades, academic penalties, or any other negative outcomes resulting from the application
or misuse of the information provided.
By purchasing and utilizing these study notes, you acknowledge that you have read, understood, and
agreed to the above disclaimer. It is recommended to review the disclaimer periodically, as it may be
subject to updates or revisions without prior notice.
, QUESTION 1
a. Two possible answers:
Option 1:
To institute Mrs. Steven’s divorce action, a combined summons is the suitable
choice. This is because the claim is unliquidated, requiring determination of
quantum, especially in cases where parties' status is affected, such as a divorce.
The combined summons accommodates serious factual disputes, often involving
oral evidence for issue resolution.
Option 2:
The appropriate summons for Mrs. White's divorce action is a combined summons.
This type of summons is used for unliquidated claims involving multiple causes of
action, as in a divorce case where dissolution of marriage and ancillary relief like
custody, maintenance, and division of assets are all encompassed.
b. Two possible answers:
Option 1:
The relevant pleading to be attached to the summons is particulars of claim. It
outlines material facts and substantiates the claim with evidence, making it essential
for unliquidated claims like divorce. Marnewick and Rule 18(3) and 18(4) of the
Uniform Rules provide guidance on its structure.
Option 2:
In this case, the summons will be accompanied by particulars of claim. This
document outlines specifics of the divorce grounds and relief sought, including
marriage details, grounds for divorce (e.g., irreconcilable differences), and ancillary
claims like child custody and asset division.
c. Two possible answers:
Option 1:
The plaintiff’s prayer in the summons includes:
1. Decree of divorce.
2. Co-holders of parental rights for minor children (referred to as "care and contact").
3. Payment of maintenance per child.
4. Costs of the suit.
5. Further or alternative relief.
Option 2:
The summons' prayer encompasses:
1. Decree of divorce to dissolve the marriage between Mr. Joe White and Mrs. Cecile
White.
2. Custody of minor children (Kevin and Nancy) awarded to Mrs. Cecile White.
3. Maintenance for minor children (Kevin and Nancy) to be paid by Mr. Joe White.
4. Equitable division of assets acquired during the marriage.
5. Maintenance for Mrs. Cecile White post-divorce, considering her financial needs
and prior standard of living.
