CIV3701
Assignment 1 Semester 2 2025
Unique #:
Due Date: 21 August 2025
Detailed solutions, explanations, workings
and references.
+27 81 278 3372
, QUESTION 1
(a)
It would be inappropriate for P to use an ordinary application (motion) to institute
proceedings against Y because a breach of contract usually involves a material
dispute of fact. In application proceedings, the case is decided on written affidavits,
and factual disputes cannot be tested through cross-examination. Since contractual
disputes often require oral evidence to resolve conflicting versions, action
proceedings (via simple summons) are more appropriate. Using application
proceedings in such matters is discouraged and may lead to an adverse costs order
from the court due to procedural misuse.1
(b)
P can institute proceedings in the Bloemfontein High Court because the cause of
action (breach of contract) occurred in Bloemfontein. According to the principle of
jurisdiction ratione contractus, the court in the area where the contract was
concluded or performed has jurisdiction². Since the breach occurred in Bloemfontein,
this court is competent to hear the matter. Furthermore, P is an incola (resident) of
Bloemfontein, which strengthens the jurisdictional link.2
(c)
1
Study Guide, Unit 12.6.2 and 12.6.3
2
Study Guide, Units 6.1 and 8.2
Varsity Cube 2025 +27 81 278 3372
Assignment 1 Semester 2 2025
Unique #:
Due Date: 21 August 2025
Detailed solutions, explanations, workings
and references.
+27 81 278 3372
, QUESTION 1
(a)
It would be inappropriate for P to use an ordinary application (motion) to institute
proceedings against Y because a breach of contract usually involves a material
dispute of fact. In application proceedings, the case is decided on written affidavits,
and factual disputes cannot be tested through cross-examination. Since contractual
disputes often require oral evidence to resolve conflicting versions, action
proceedings (via simple summons) are more appropriate. Using application
proceedings in such matters is discouraged and may lead to an adverse costs order
from the court due to procedural misuse.1
(b)
P can institute proceedings in the Bloemfontein High Court because the cause of
action (breach of contract) occurred in Bloemfontein. According to the principle of
jurisdiction ratione contractus, the court in the area where the contract was
concluded or performed has jurisdiction². Since the breach occurred in Bloemfontein,
this court is competent to hear the matter. Furthermore, P is an incola (resident) of
Bloemfontein, which strengthens the jurisdictional link.2
(c)
1
Study Guide, Unit 12.6.2 and 12.6.3
2
Study Guide, Units 6.1 and 8.2
Varsity Cube 2025 +27 81 278 3372
