Civil litigation Study guides, Class notes & Summaries

PVL3702 CONTRACT LAW STUDY SUMMARY NOTES. A contract is an agreement between two or more parties with the intention of creating enforceable obligations. To constitute an enforceable contract, an agreement must be one which the law recognizes as binding on the parties. → The extra ingredient that distinguishes contracts from non-binding agreements is a serious intention to create legally enforceable obligations (animus contrahendi). → The absence of an animus contrahendi explains why ...

MAY/JUNE 2019 QUESTIONS 1. A and B are married They have a daughter, Mary B also has a son, Quintin, from a previous marriage Marry and Quintin are related to each other as follows [1] They are collateral blood relatives [2] They are blood relatives in the direct line [3] They are relatives by affinity in the direct line [4] They are relatives by affinity in the collateral line 2. Which one of the following is a common requirement for the spouses' reciprocal duty of support and the cap...

CIV3701 STUDY NOTES. What is the Law of Civil Procedure?  Civil procedure forms part of the formal adjectival law of South Africa, that regulates civil litigation and the enforcement of substantive rights  It is a mechanism used to enforce the rights that are derived from the substantive private law. Differences between Civil Procedure and Criminal Procedure: Basis Civil (Private) Criminal (Public) PARTIES Application: Applicant and Respondent (brings application vs. opposes) Act...

TECHNIQUES IN TRIAL AND LITIGATION CIVIL PRACTICE QUESTION 01 a) To initiate Timberson's application a simple summons will be issued. According to Rule 2(b), a simple summons may only be used for those cases in which the offended party's case is for a liquidated demand or debt, as such, where the case is for a fixed, specific, or determined sum or property. A claim for a predestined amount of money owed for example a claim at the purchase price of products sold and will qualify as a ca...

Civil Procedure MODULE 2 : CIP3701 Multi Choice Type Question & Answers S1 2014 - CIP3701/101/3/2014 ASSIGNMENT 02 : Unique number: QUESTION 1 M issues summons against N for damages as a result of breach of contract. The nature of the claim that M has against N is — Indicate the most accurate statement. (1) a liquidated claim (2) an illiquid claim (3) an unliquidated claim (4) a liquid claim QUESTION 2 The facts in Question 1 remain the same. In order to commence proceedings, M ...

EXAM PACK CIV3701. CIV3701 - Civil Procedure. The magistrates‟ court has limitations when it comes to its jurisdiction. Section46(2)(c) of the Magistrates‟ Courts Act, 1944 provides that a court shall have nojurisdiction in matters in which specific performance is sought without analternative claim for the payment of damages except when claiming the – (i) rendering of an account; or (ii) delivery or transfer of property, movable or immovable; and (iii) delivery or transfer of propert...

(a) Briefly explain why it can be said that court-annexed mediation contributes to the reform of the adversarial system of civil procedure in Anglo- American legal systems.(5) Court annexed mediation was introduced into the legal system to enhance access to justice in civil claims. It is said to contribute to the reform of the adversarial system of the civil procedure in the Anglo-American system in that:  It helps litigants to determine at an early stage of litigation whether formal litiga...

SCL1501 ASSIGNMENT 1 SEMESTER 1 2023 100% TRUSTED workings, explanations and solutions. For assistance call or whatsapp us on 079 811 9845 . SCL1501 Assignment 1 SEMESTER 1 2023 TOTAL [50] QUESTION 1 Read Study Unit 1 in your Study Guide and answer the following questions: 1.1 Discuss the relevance of "learning by doing", especially for law students. (4) 1.2 Read the section on “finding an Act of Parliament” (Study Unit 3 of your Study Guide) and then find any Act of Parliament....

SCL1501 ASSIGNMENT 1 SEMESTER 1 2023 100% TRUSTED workings, explanations and solutions. For assistance call or whatsapp us on 079 811 9845 . SCL1501 Assignment 1 SEMESTER 1 2023 TOTAL [50] QUESTION 1 Read Study Unit 1 in your Study Guide and answer the following questions: 1.1 Discuss the relevance of "learning by doing", especially for law students. (4) 1.2 Read the section on “finding an Act of Parliament” (Study Unit 3 of your Study Guide) and then find any Act of Parliament....

CRW2601- CIVIL PROCEDURE FINAL EXAM PACK LATEST 2022. GENERAL DIRECT QUESTIONS: 1. Answer the following questions. (a) Discuss representation by power of attorney, including when a power of attorney is necessary and why a power of attorney is drawn up. (5) Every natural person who is a party to civil proceedings is entitled to represent himself personally. Such a person would usually instruct an attorney to act on his behalf. These instructions are confirmed and specified in a document ...