,TLI4801 MAY JUNE PORTFILIO (COMPLETE
ANSWERS) Semester 1 2025 (801355) - DUE 27
May 2025; 100% TRUSTED Complete, trusted
solutions and explanations.
Multiple choice,assured excellence
Shiny Plastics (Pty) Ltd (“Shiny Plastics”) is a plastic bottle
manufacturer based in Pretoria West. Blue Brands (Pty) Ltd
(“Blue Brands”) is a contract filling and manufacturing company
based in Johannesburg South. The company manufactures and
fills soap detergent bottles for a number of brands. On 20
March 2025, the owner of Blue Brands, Ms. Sue Brand, sent an
email to Shiny Plastics to place an order for 50 000 plastic
bottles valued at R300 000,00 in order to complete an order for
a client. The bottles were delivered to Blue Brands the following
day, and a copy of the invoice was handed to Ms. Brand.
However, she then neglected to pay for the delivery within the
30-day period provided for in terms of the invoice. Despite
repeated telephone calls and a formal letter of demand from
Shiny Plastics, Blue Brands has not settled the amount. Shiny
Plastics wants to sue Blue Brands for the outstanding amount.
The owner of Shiny Plastics, DW Shine, approaches you for legal
advice regarding the legal proceedings to be instituted against
Blue Brands. Answer the following questions, using proper
references. Note: In your answers, you are required to make up
facts/create facts to supplement the given facts of the case as
,long as your own rendition does not detract from the core
issues. a) Discuss the type of summons that Shiny Plastics will
use to recover the outstanding amount. (4) (b) Discuss whether
summary judgment can be used in the above instance. (4) (c)
Assuming 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 notice to defend the
matter. (4) (d) 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,
material facts and the prayer. (8) (e) The owner of Shiny Plastics
requests your advice regarding a suitable alternative dispute
resolution (ADR) mechanism to resolve the dispute with Blue
Brands expeditiously. Advise the owner of Shiny Plastics
appropriately. (10) (30) TLI4801/202/1/2025 7 Question 1.2 (a)
Discuss the advantages of lawyers using digital resources
instead of traditional methods to undertake legal research. (4)
(b) Critically discuss the role of the Legal Practice Council in
regulating the professional conduct of its members in practice.
(6) (c) Critically discuss the role and liability of the Legal
Practitioner’s Fidelity Fund in addressing pecuniary loss suffered
by clients because of the actions of their legal practitioners. You
must refer to relevant legislation in your answer. (10) (20) [50]
QUESTION 2: CRIMINAL PRACTICE [50] 1. Your client, Mr Simon
Truss, is a self-employed senior accountant. He approaches you,
, as his attorney, for advice. He was arrested and charged with
driving under the influence of alcohol and negligent and
reckless driving after he was involved in a motor vehicle
accident. The accident resulted in damage to two vehicles,
including a minibus taxi. Four passengers in the minibus taxi
suffered mild to serious neck injuries. The accident occurred at
around 22h00 on Ontdekkers Road, Roodepoort, and Simon
was on his way home from a dinner with friends where he
consumed 2 glasses of red wine. Simon was arrested at the
scene of the accident and taken to the holding cells of
Roodepoort Police Station. (a) In his first appearance at the
Roodepoort Magistrates’ Court after spending the weekend in
the holding cells, Simon wants to apply for bail. Discuss the
relevant factors to be considered by the court in determining
whether Simon should be granted bail. NB: Please ensure to
refer to relevant case law in your answer as well. (5) (b) From
his consultation with you, the evidence against Simon is
overwhelming. The evidence shows that Simon was the sole
cause of the accident as he was clearly inebriated and the
police and the prosecutors already have his blood tests results
showing that the level of alcohol in his blood was over the legal
limit at the time of the accident. As his attorney, you advise him
to plead guilty and he accepts your advice. Draft the plea
statement. Include all headings and conclusions and insert any
additional facts and information you deem necessary for the
ANSWERS) Semester 1 2025 (801355) - DUE 27
May 2025; 100% TRUSTED Complete, trusted
solutions and explanations.
Multiple choice,assured excellence
Shiny Plastics (Pty) Ltd (“Shiny Plastics”) is a plastic bottle
manufacturer based in Pretoria West. Blue Brands (Pty) Ltd
(“Blue Brands”) is a contract filling and manufacturing company
based in Johannesburg South. The company manufactures and
fills soap detergent bottles for a number of brands. On 20
March 2025, the owner of Blue Brands, Ms. Sue Brand, sent an
email to Shiny Plastics to place an order for 50 000 plastic
bottles valued at R300 000,00 in order to complete an order for
a client. The bottles were delivered to Blue Brands the following
day, and a copy of the invoice was handed to Ms. Brand.
However, she then neglected to pay for the delivery within the
30-day period provided for in terms of the invoice. Despite
repeated telephone calls and a formal letter of demand from
Shiny Plastics, Blue Brands has not settled the amount. Shiny
Plastics wants to sue Blue Brands for the outstanding amount.
The owner of Shiny Plastics, DW Shine, approaches you for legal
advice regarding the legal proceedings to be instituted against
Blue Brands. Answer the following questions, using proper
references. Note: In your answers, you are required to make up
facts/create facts to supplement the given facts of the case as
,long as your own rendition does not detract from the core
issues. a) Discuss the type of summons that Shiny Plastics will
use to recover the outstanding amount. (4) (b) Discuss whether
summary judgment can be used in the above instance. (4) (c)
Assuming 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 notice to defend the
matter. (4) (d) 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,
material facts and the prayer. (8) (e) The owner of Shiny Plastics
requests your advice regarding a suitable alternative dispute
resolution (ADR) mechanism to resolve the dispute with Blue
Brands expeditiously. Advise the owner of Shiny Plastics
appropriately. (10) (30) TLI4801/202/1/2025 7 Question 1.2 (a)
Discuss the advantages of lawyers using digital resources
instead of traditional methods to undertake legal research. (4)
(b) Critically discuss the role of the Legal Practice Council in
regulating the professional conduct of its members in practice.
(6) (c) Critically discuss the role and liability of the Legal
Practitioner’s Fidelity Fund in addressing pecuniary loss suffered
by clients because of the actions of their legal practitioners. You
must refer to relevant legislation in your answer. (10) (20) [50]
QUESTION 2: CRIMINAL PRACTICE [50] 1. Your client, Mr Simon
Truss, is a self-employed senior accountant. He approaches you,
, as his attorney, for advice. He was arrested and charged with
driving under the influence of alcohol and negligent and
reckless driving after he was involved in a motor vehicle
accident. The accident resulted in damage to two vehicles,
including a minibus taxi. Four passengers in the minibus taxi
suffered mild to serious neck injuries. The accident occurred at
around 22h00 on Ontdekkers Road, Roodepoort, and Simon
was on his way home from a dinner with friends where he
consumed 2 glasses of red wine. Simon was arrested at the
scene of the accident and taken to the holding cells of
Roodepoort Police Station. (a) In his first appearance at the
Roodepoort Magistrates’ Court after spending the weekend in
the holding cells, Simon wants to apply for bail. Discuss the
relevant factors to be considered by the court in determining
whether Simon should be granted bail. NB: Please ensure to
refer to relevant case law in your answer as well. (5) (b) From
his consultation with you, the evidence against Simon is
overwhelming. The evidence shows that Simon was the sole
cause of the accident as he was clearly inebriated and the
police and the prosecutors already have his blood tests results
showing that the level of alcohol in his blood was over the legal
limit at the time of the accident. As his attorney, you advise him
to plead guilty and he accepts your advice. Draft the plea
statement. Include all headings and conclusions and insert any
additional facts and information you deem necessary for the
