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Exam (elaborations)

TLI4801 Assignment 1 (QUALITY ANSWERS) Semester 2 2025

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This document contains workings, explanations and solutions to the TLI4801 Assignment 1 (QUALITY ANSWERS) Semester 2 2025. For assistance whats-app us on 0.6.8..8.1.2..0.9.3.4.. 1. You are the legal representative of ADB Cables (Pty) Ltd, a supplier of high voltage electricity cables. Brown Cables (Pty) Ltd is one of the customers of ADB Cables (Pty) Ltd and the latter on 01 February 2025 supplied cables to Brown Cables (Pty) Ltd on terms requiring payment to be made within 60 days of delivery. You are approached by ADB Cables (Pty) Ltd with instructions to recover an amount of R1.5M which is owed to your client by Brown Cables (Pty) Ltd. You proceed to serve Brown Cables (Pty) Ltd with a demand. Upon receipt of the demand, Brown Cables (Pty) Ltd, through its sole director and shareholder, Dennis Brown, informs you that Brown Cables (Pty) Ltd acknowledges its debt to ADB Cables (Pty) Ltd and subsequently enters into an acknowledgement of debt (AOD). Brown Cables subsequently fails to abide by the payment procedure agreed upon in the AOD. (a) Would you advise ADB Cables (Pty) Ltd to make use of the Provisional Sentence Procedure to recover the amount owing? Provide reason(s) for your answer. (5) (b) Prepare a draft of the provisional sentence summons and highlight all the necessary averments that must be included in the summons. (10) (c) Fully discuss the legal consequences should provisional sentence be refused by the court. (5) Downloaded by Corona Virus () lOMoARcPSD| TLI4801/102/2/2025 4 (d) If the court grants provisional sentence, would it still be possible for the defendant to enter into the principal case? Fully discuss the steps that the defendant would need to take in this instance. (5) 2. The Legal Practice Act of 2014 (“the Act”) provides for the appointment of the Legal Ombudsman. Briefly discuss the purpose and objectives of the Legal Ombudsman as set out in the Act.

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Uploaded on
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