CIV3701 Assignment 1
(COMPLETE ANSWERS)
Semester 2 2024 - DUE 25 August
2024
100% GUARANTEED
, CIV3701 Assignment 1 (COMPLETE ANSWERS)
Semester 2 2024 - DUE 25 August 2024
QUESTION 1 X has a claim against Z in the amount of
R600 000 based on breach of contract which occurred in
Cape Town. X is an incola of Cape Town and Z is an incola
of Pretoria. With these facts in mind, answer the following
questions. Give full reasons for your answers. (a) Explain
why it will be inappropriate for X to use an ordinary
application to institute proceedings against Z. (2) (b)
Explain why X can institute proceedings against Z in the
Cape Town High Court. (2) (c) Would your answer to (b)
above differ if Z was a foreign peregrinus of the Republic?
(4) (d) Would your answer to (b) above differ if the claim
related to the registration of fixed property, and the
property was situated in Johannesburg? (2) [10]
Certainly! Let's address each question in turn, providing detailed reasoning.
(a) Why it will be inappropriate for X to use an ordinary application to institute
proceedings against Z?
Reasoning:
1. Nature of the Claim: An ordinary application (motion proceedings) is generally used for
cases where the material facts are not in dispute, and the matter can be resolved on the
basis of legal arguments. Here, X's claim against Z is for breach of contract, which often
involves disputes about facts (e.g., whether the breach occurred, the terms of the contract,
etc.).
2. Disputed Facts: Since breach of contract cases typically involve disputed facts, they are
more appropriately dealt with via action proceedings (summons), which allow for a full
trial where evidence can be led and witnesses can be cross-examined.
Therefore, due to the likelihood of factual disputes in a breach of contract claim, it would be
inappropriate for X to use an ordinary application.
(b) Why X can institute proceedings against Z in the Cape Town High Court?
Reasoning:
(COMPLETE ANSWERS)
Semester 2 2024 - DUE 25 August
2024
100% GUARANTEED
, CIV3701 Assignment 1 (COMPLETE ANSWERS)
Semester 2 2024 - DUE 25 August 2024
QUESTION 1 X has a claim against Z in the amount of
R600 000 based on breach of contract which occurred in
Cape Town. X is an incola of Cape Town and Z is an incola
of Pretoria. With these facts in mind, answer the following
questions. Give full reasons for your answers. (a) Explain
why it will be inappropriate for X to use an ordinary
application to institute proceedings against Z. (2) (b)
Explain why X can institute proceedings against Z in the
Cape Town High Court. (2) (c) Would your answer to (b)
above differ if Z was a foreign peregrinus of the Republic?
(4) (d) Would your answer to (b) above differ if the claim
related to the registration of fixed property, and the
property was situated in Johannesburg? (2) [10]
Certainly! Let's address each question in turn, providing detailed reasoning.
(a) Why it will be inappropriate for X to use an ordinary application to institute
proceedings against Z?
Reasoning:
1. Nature of the Claim: An ordinary application (motion proceedings) is generally used for
cases where the material facts are not in dispute, and the matter can be resolved on the
basis of legal arguments. Here, X's claim against Z is for breach of contract, which often
involves disputes about facts (e.g., whether the breach occurred, the terms of the contract,
etc.).
2. Disputed Facts: Since breach of contract cases typically involve disputed facts, they are
more appropriately dealt with via action proceedings (summons), which allow for a full
trial where evidence can be led and witnesses can be cross-examined.
Therefore, due to the likelihood of factual disputes in a breach of contract claim, it would be
inappropriate for X to use an ordinary application.
(b) Why X can institute proceedings against Z in the Cape Town High Court?
Reasoning:
