[TYPE THE COMPANY NAME]
TLI4801 Assignment 1
(COMPLETE ANSWERS)
Semester 2 2025 - DUE
21 August 2025
NO PLAGIARISM
[Pick the date]
[Type the abstract of the document here. The abstract is typically a short summary of the contents of
the document. Type the abstract of the document here. The abstract is typically a short summary of
the contents of the document.]
,Exam (elaborations)
TLI4801 Assignment 1 (COMPLETE
ANSWERS) Semester 2 2025 - DUE 21
August 2025
Course
Techniques in Trial and Litigation (TLI4801)
Institution
University Of South Africa (Unisa)
Book
Litigation Skills for South African Lawyers
TLI4801 Assignment 1 (COMPLETE ANSWERS) Semester 2 2025 - DUE 21
August 2025; 100% TRUSTED Complete, trusted solutions and explanations
Ensure your success with us...
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)
(a) Advice on the Use of Provisional Sentence Procedure by ADB Cables (Pty)
Ltd
(5 Marks)
Yes, I would advise ADB Cables (Pty) Ltd to make use of the Provisional Sentence Procedure
to recover the R1.5 million debt owed by Brown Cables (Pty) Ltd, provided that the
Acknowledgement of Debt (AOD) meets certain legal criteria.
, Reasons:
1. The AOD Constitutes a Liquid Document
The Provisional Sentence Procedure, governed by Rule 8 of the Uniform Rules of
Court, is designed for situations where the plaintiff (creditor) holds a liquid document
— that is, a written instrument signed by the defendant, wherein the latter
acknowledges liability for a fixed amount of money.¹
In this case, the AOD signed by Dennis Brown, on behalf of Brown Cables (Pty) Ltd,
constitutes such a liquid document.²
2. Speedy and Cost-Effective Remedy
Provisional sentence is a summary procedure that enables a creditor to obtain quick
relief without the need for a full trial, unless the defendant chooses to enter the principal
case after paying the judgment.³
This is advantageous for ADB Cables (Pty) Ltd, given the significant value of the debt
and the urgent need for recovery.
3. Defendant Bears the Burden
In a provisional sentence action, the burden shifts to the defendant to show why the
provisional sentence should not be granted.⁴
Since Brown Cables (Pty) Ltd has already acknowledged its debt in writing, it will face
difficulty raising a bona fide defence to delay or oppose the action.
4. Enforcement upon Default
Brown Cables (Pty) Ltd has already breached the payment terms of the AOD. A
provisional sentence judgment would allow ADB Cables to obtain an enforceable
judgment, attach assets, or initiate liquidation proceedings if necessary.
Conclusion
The Provisional Sentence Procedure is appropriate and beneficial in this scenario because the
AOD is a liquid document, and it allows ADB Cables (Pty) Ltd to recover the debt efficiently
TLI4801 Assignment 1
(COMPLETE ANSWERS)
Semester 2 2025 - DUE
21 August 2025
NO PLAGIARISM
[Pick the date]
[Type the abstract of the document here. The abstract is typically a short summary of the contents of
the document. Type the abstract of the document here. The abstract is typically a short summary of
the contents of the document.]
,Exam (elaborations)
TLI4801 Assignment 1 (COMPLETE
ANSWERS) Semester 2 2025 - DUE 21
August 2025
Course
Techniques in Trial and Litigation (TLI4801)
Institution
University Of South Africa (Unisa)
Book
Litigation Skills for South African Lawyers
TLI4801 Assignment 1 (COMPLETE ANSWERS) Semester 2 2025 - DUE 21
August 2025; 100% TRUSTED Complete, trusted solutions and explanations
Ensure your success with us...
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)
(a) Advice on the Use of Provisional Sentence Procedure by ADB Cables (Pty)
Ltd
(5 Marks)
Yes, I would advise ADB Cables (Pty) Ltd to make use of the Provisional Sentence Procedure
to recover the R1.5 million debt owed by Brown Cables (Pty) Ltd, provided that the
Acknowledgement of Debt (AOD) meets certain legal criteria.
, Reasons:
1. The AOD Constitutes a Liquid Document
The Provisional Sentence Procedure, governed by Rule 8 of the Uniform Rules of
Court, is designed for situations where the plaintiff (creditor) holds a liquid document
— that is, a written instrument signed by the defendant, wherein the latter
acknowledges liability for a fixed amount of money.¹
In this case, the AOD signed by Dennis Brown, on behalf of Brown Cables (Pty) Ltd,
constitutes such a liquid document.²
2. Speedy and Cost-Effective Remedy
Provisional sentence is a summary procedure that enables a creditor to obtain quick
relief without the need for a full trial, unless the defendant chooses to enter the principal
case after paying the judgment.³
This is advantageous for ADB Cables (Pty) Ltd, given the significant value of the debt
and the urgent need for recovery.
3. Defendant Bears the Burden
In a provisional sentence action, the burden shifts to the defendant to show why the
provisional sentence should not be granted.⁴
Since Brown Cables (Pty) Ltd has already acknowledged its debt in writing, it will face
difficulty raising a bona fide defence to delay or oppose the action.
4. Enforcement upon Default
Brown Cables (Pty) Ltd has already breached the payment terms of the AOD. A
provisional sentence judgment would allow ADB Cables to obtain an enforceable
judgment, attach assets, or initiate liquidation proceedings if necessary.
Conclusion
The Provisional Sentence Procedure is appropriate and beneficial in this scenario because the
AOD is a liquid document, and it allows ADB Cables (Pty) Ltd to recover the debt efficiently
