CIV3701 ASSIGNMENT 1 SEMESTER 2 2025 *COMPLETE ANSWERS* DUE DATE AUGUST 2025 (BEST ANSWERS FOR THIS ASSESSMENT)

CIV3701 ASSIGNMENT 1 SEMESTER 2 2025 *COMPLETE ANSWERS* DUE DATE AUGUST 2025 (BEST ANSWERS FOR THIS ASSESSMENT) QUESTION 1 Facts: P has a claim against Y in the amount of R700 000 based on breach of contract which occurred in Bloemfontein. P is an incola of Bloemfontein and Y is an incola of Johannesburg. (a) Why it will be inappropriate for P to use an ordinary application It would be inappropriate for P to institute proceedings by way of an ordinary application because such proceedings are primarily designed for disputes in which the material facts are not in dispute and can be established on affidavit evidence alone . In the present scenario, the matter involves a contractual dispute where Y is likely to contest liability, including the existence, terms, or breach of the contract. Ordinary applications are therefore unsuitable, as they cannot accommodate contested factual disputes that necessitate oral evidence and cross-examination. Consequently, the matter should proceed by way of action proceedings, where pleadings and viva voce evidence enable the adjudication of contested facts. ________________________________________ (b) Why P can institute proceedings in the Bloemfontein High Court P may institute proceedings against Y in the Bloemfontein High Court on the basis of locus standi and local jurisdiction. First, P is an incola of Bloemfontein, granting the High Court of that district personal jurisdiction over him. Second, the cause of action—the alleged breach of contract—arose in Bloemfontein, giving the Bloemfontein High Court ratione loci jurisdiction over Y in terms of the common law and the provisions of the Superior Courts Act 10 of 2013 . These factors ensure that the Bloemfontein High Court is competent both to hear the matter and to enforce any resulting judgment.....................................................