SELLING” memos for the year 2024.
TLI4801
Techniques in Trial and litigation
ASSIGNMENT 1 MEMO
+ FREE EXTRA EXAMPACK/
NOTES BOOKLET
SEMESTER 1 – 2025 - UNISA
UNIQUE NUMBER: - 835330
DUE DATE: - 14 MARCH 2025
Footnotes/Bibliography included
ASSIGNMENT PREVIEW
Answer the following questions using proper references. Your entire assignment answer (questions 1 (a) – (d) must be typed
and must not exceed 15 pages. Note: You may make up your own facts to supplement the given facts without detracting from
the core issues.
1. You act for ADB Cables (Pty) Ltd, a supplier of high voltage electricity cables. Brown Electrical (Pty) Ltd is one of the
customers of ADB Cables and the latter on 01 October 2024 supplied cables to Brown Electrical on terms requiring payment
to be made within 60 days of delivery. You are approached by ADB Cables with instructions to recover an amount of R1.2M
which is owed to your client by Brown Cables. You proceed to serve Brown Electrical with a demand. Upon receipt of the
demand, Brown Electrical, through its sole director and shareholder, Dennis Brown, informs you that Brown Electrical
acknowledges its debt to ADB Cables and subsequently enters into an acknowledgement of debt (AOD). Brown Electrical
subsequently fails to abide by the payment procedure agreed upon in the AOD.
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, Assignment 01 – Semester 1
Answer the following questions using proper references. Your entire assignment
answer (questions 1 (a) – (d) must be typed and must not exceed 15 pages. Note:
You may make up your own facts to supplement the given facts without detracting
from the core issues.
1. You act for ADB Cables (Pty) Ltd, a supplier of high voltage electricity cables.
Brown Electrical (Pty) Ltd is one of the customers of ADB Cables and the latter on
01 October 2024 supplied cables to Brown Electrical on terms requiring payment
to be made within 60 days of delivery. You are approached by ADB Cables with
instructions to recover an amount of R1.2M which is owed to your client by Brown
Cables. You proceed to serve Brown Electrical with a demand. Upon receipt of the
demand, Brown Electrical, through its sole director and shareholder, Dennis
Brown, informs you that Brown Electrical acknowledges its debt to ADB Cables
and subsequently enters into an acknowledgement of debt (AOD). Brown
Electrical subsequently fails to abide by the payment procedure agreed upon in
the AOD.
(a) Would you advise ADB Cables to make use of the Provisional Sentence
Procedure to recover the amount owing? Provide reason(s) for your answer. (6
marks)
(b) Prepare a draft of the provisional sentence summons and highlight all the
necessary averments that must be included in the summons (10 marks)
(c) Discuss fully the legal consequences should provisional sentence be refused
by the court (7 marks)
(d) If the court grants provisional sentence, would it still be possible for the
defendant to enter into the principal case? Discuss fully the steps that the
defendant would need to take in this instance. (7 marks)