PORTFOLIO ASSESSMENT (TLI4801)
By
Submitted in partial fulfilment of the requirements for the LLB degree
BACHELOR OF LAWS
In the
SCHOOL OF LAW
UNIVERSITY OF SOUTH AFRICA
TLI4801 PORTFOLIO ASSESSMENT
21 May 2020
UNIQUE NUMBER: 766311
,ACADEMIC INTEGRITY DECLARATION
ACADEMIC HONESTY DECLARATION
1. I understand what academic dishonesty entails and am aware of Unisa’s
policies in this regard.
2. I declare that this assignment is my own, original work. Where I have used
someone else’s work, I have indicated this by using the prescribed style of
referencing. Every contribution to, and quotation in, this assignment from
the work or works of other people has been referenced according to the
prescribed style.
3. I have not allowed, and will not allow, anyone to copy my work with the
intention of passing it off as his or her own work.
4. I did not make use of another student’s work and submit it as my own.
NAME:
SIGNATURE:
STUDENT NUMBER:
MODULE CODE: TLI4801
DATE: 21 MAY 2020
, Question 1(a)
Firstly to begin with a summons is a legal document drafted by the plaintiff’s legal
representative that is issued to the defendant. The defendant is required to appear in
court to answer to the claim stated in the summons. There is a simple summons which
is used when there is a liquidated claim where the sum of money has already been
determined or can be calculated easily. A simple summons contains the details of the
cause of action and claim of the applicant. It’s important to note that a liquidated claim
made in a simple summons has to comply with the requirement of Rule 17(1) and be in
the form prescribed in Form 9 of the First Schedule to the rules.1Beyond simple
summons there are other variations of summons. A combined summons is used for an
unliquidated claim, here further evidence needs to be provided by the plaintiff; this
would be typically used for ascertaining a quantum related to damages or personal
injuries. A provisional sentence summons is used for claims based on liquid documents
such as a cheque or mortgage bond.
Timbersons (Pty) Ltd would use a simple summons to institute its action given that the
quantum of their claim has already been determined. The claim would be R450 000
1 rd
Marnewick CG Litigation Skills for South African Lawyers 3 ed (LexisNexis 2012)
By
Submitted in partial fulfilment of the requirements for the LLB degree
BACHELOR OF LAWS
In the
SCHOOL OF LAW
UNIVERSITY OF SOUTH AFRICA
TLI4801 PORTFOLIO ASSESSMENT
21 May 2020
UNIQUE NUMBER: 766311
,ACADEMIC INTEGRITY DECLARATION
ACADEMIC HONESTY DECLARATION
1. I understand what academic dishonesty entails and am aware of Unisa’s
policies in this regard.
2. I declare that this assignment is my own, original work. Where I have used
someone else’s work, I have indicated this by using the prescribed style of
referencing. Every contribution to, and quotation in, this assignment from
the work or works of other people has been referenced according to the
prescribed style.
3. I have not allowed, and will not allow, anyone to copy my work with the
intention of passing it off as his or her own work.
4. I did not make use of another student’s work and submit it as my own.
NAME:
SIGNATURE:
STUDENT NUMBER:
MODULE CODE: TLI4801
DATE: 21 MAY 2020
, Question 1(a)
Firstly to begin with a summons is a legal document drafted by the plaintiff’s legal
representative that is issued to the defendant. The defendant is required to appear in
court to answer to the claim stated in the summons. There is a simple summons which
is used when there is a liquidated claim where the sum of money has already been
determined or can be calculated easily. A simple summons contains the details of the
cause of action and claim of the applicant. It’s important to note that a liquidated claim
made in a simple summons has to comply with the requirement of Rule 17(1) and be in
the form prescribed in Form 9 of the First Schedule to the rules.1Beyond simple
summons there are other variations of summons. A combined summons is used for an
unliquidated claim, here further evidence needs to be provided by the plaintiff; this
would be typically used for ascertaining a quantum related to damages or personal
injuries. A provisional sentence summons is used for claims based on liquid documents
such as a cheque or mortgage bond.
Timbersons (Pty) Ltd would use a simple summons to institute its action given that the
quantum of their claim has already been determined. The claim would be R450 000
1 rd
Marnewick CG Litigation Skills for South African Lawyers 3 ed (LexisNexis 2012)
