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TLI4801 ASSIGNMENT 1 MEMO - SEMESTER 1 - 2025 - UNISA – DUE DATE: - 14 MARCH 2025 (DETAILED ANSWERS - FULLY REFERENCED - GUARANTEED A+!)

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TLI4801 ASSIGNMENT 1 MEMO - SEMESTER 1 - 2025 - UNISA – DUE DATE: - 14 MARCH 2025 (DETAILED ANSWERS - FULLY REFERENCED - GUARANTEED A+!) 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) Total for Assignment 01: [30]

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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.
DISTINCTION Footnotes and/or Bibliography
GUARANTEED!!! included. *

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Publisher: 2003 ISBN: 9780409041491 Edition: Unknown

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