, TLI4801 Assignment 1 (COMPLETE ANSWERS)
Semester 2 2025 (642661) - DUE 21 August 2025;
100% TRUSTED Complete, trusted solutions and
explanations.
MULTIPLE CHOICE,ASSURED EXCELENCE
(a) Would you advise ADB Cables to make use of the
Provisional Sentence Procedure? (6 marks)
Yes.
Reason 1: Provisional sentence is based on a liquid
document. An Acknowledgement of Debt (AOD) signed
by Brown Electrical (through Dennis Brown) constitutes
such a document, because it is a written admission of
indebtedness for a fixed and ascertainable sum (R1.2M).
Reason 2: The plaintiff (ADB Cables) holds the original
AOD and can therefore apply for provisional sentence.
Reason 3: Provisional sentence procedure allows for
quick recovery of debts without waiting for a full trial,
which is appropriate given the debtor’s default despite
admitting liability.
Reason 4: The court will grant provisional sentence unless
the defendant produces a defence strong enough to
defeat the plaintiff’s prima facie case.
Semester 2 2025 (642661) - DUE 21 August 2025;
100% TRUSTED Complete, trusted solutions and
explanations.
MULTIPLE CHOICE,ASSURED EXCELENCE
(a) Would you advise ADB Cables to make use of the
Provisional Sentence Procedure? (6 marks)
Yes.
Reason 1: Provisional sentence is based on a liquid
document. An Acknowledgement of Debt (AOD) signed
by Brown Electrical (through Dennis Brown) constitutes
such a document, because it is a written admission of
indebtedness for a fixed and ascertainable sum (R1.2M).
Reason 2: The plaintiff (ADB Cables) holds the original
AOD and can therefore apply for provisional sentence.
Reason 3: Provisional sentence procedure allows for
quick recovery of debts without waiting for a full trial,
which is appropriate given the debtor’s default despite
admitting liability.
Reason 4: The court will grant provisional sentence unless
the defendant produces a defence strong enough to
defeat the plaintiff’s prima facie case.
