[Type the company name]
TLI4801 PORTFOLIO
(DETAILED ANSWERS)
Semester 2 2025 -
DISTINCTION
GUARANTEED -
[Type the document subtitle]
[Year]
,Exam (elaborations)
TLI4801 PORTFOLIO (DETAILED
ANSWERS) Semester 2 2025 -
DISTINCTION GUARANTEED -
TLI4801 PORTFOLIO (DETAILED ANSWERS) Semester 2 2025 - DISTINCTION
GUARANTEED - DISTINCTION GUARANTEED - DISTINCTION GUARANTEED
Answers, guidelines, workings and references ,...PLEASE COMPLY WITH THE
FOLLOWING INSTRUCTIONS WHEN ANSWERING THE EXAMINATION (NON-
VENUE- BASED EXAMINATION).
NE IN THE SAME MANNER THAT YOU SUBMIT ALL OTHER ASSIGNMENTS
ONLINE. TLI4801/202/2/2025 6 THE QUESTION PAPER: QUESTION 1: CIVIL
PRACTICE [50]
Question 1.1 Mrs. N Slipper and her family decide to drive to Durban for the
weekend to celebrate her 60th birthday. On 22 August 2025 they arrive at
the Slip and Shiny Hotel (Pty) Ltd, situated on the Durban beachfront with
stunning views of the Indian Ocean and with direct access to the beach from
the main lobby of the hotel. The lobby floor is polished in a natural blue
limestone, known for its beauty and slickness when wet. On the morning of
23 August 2025 at 08h00am the family, comprising of Mrs. Slipper, her
husband and their 2 grandchildren, decide to have breakfast at the hotel
lobby and to immediately head to the beach for an early swim after
breakfast. After breakfast, the family head to the beach. As Mrs. Slipper
walked from the main entrance towards the exit door leading to the beach,
her feet slipped out from under her, and she fell hard onto her right side. She
immediately felt a sharp pain in her right hip and was unable to get up. The
cause of her slip was a clear, odourless liquid that was on the floor where she
fell. The liquid was identified as spilled bottled water. One of the guests who
checked-in approximately 20 minutes earlier had a water bottle on top of his
luggage that was not tightly closed. Some of the water spilled onto the floor.
The spill was not identified by the staff despite the hotel’s clear policy
requiring cleaning staff to “continuously patrol” the lobby area to identify
hazards on the floor. As a result of the fall, Mrs. Slipper suffered a fractured
right hip and required emergency surgery. She was hospitalised for five days
and then transferred to a rehabilitation facility for three weeks. Now she is
home but requires a walker. Her recovery is progressing more slowly than
expected due to her age and pre-existing arthritis. Her orthopaedic surgeon
states she will likely have permanent reduced mobility and will develop post-
traumatic arthritis in the joint. Her medical expenses to date amount to R350
000,00 (surgery, hospital stay, and rehabilitation) and her future medical
expenses (physical therapy and potential future surgery) are estimated at
,R75 000,00. Mrs. Slipper blames the hotel’s negligent conduct for her fall,
her resulting injuries and the pain and suffering she has endured. She now
approaches you for advice on instituting legal action against the hotel.
Answer the following questions, using proper references. Note: In your
answers, you are required to make up facts to supplement the given facts of
the case in so far as your own rendition does not detract from the core
issues. (a) Discuss the type of summons that Jock Builders will use to recover
the outstanding amount. (4) (b) Draft the summons chosen in 1(a) above.
(10) (c) The owner of Jock Builders requests your advice regards a suitable
ADR (alternative dispute resolution) mechanism to resolve the dispute with
Mr Peters expeditiously. Discuss briefly whether arbitration or negotiation is
the most suitable ADR mechanism having regard to the given facts and
advise Jock Builders accordingly. (10) (24)
CLARIFICATION
The facts (Mrs. Slipper and Slip and Shiny Hotel) relate to a delictual claim
(negligence / personal injury).
The questions (Jock Builders and Mr Peters) relate to a contractual debt recovery and
civil procedure (summons and ADR).
Thus, the questions are not about Mrs. Slipper. They are about Jock Builders recovering
money owed (a contractual dispute).
Therefore, I’ll answer the questions as they clearly intend — about Jock Builders and Mr
Peters — using correct South African civil procedure and ADR law.
QUESTION 1.1(a)
Discuss the type of summons that Jock Builders will use to recover the outstanding amount.
(4 marks)
Answer:
Jock Builders will issue a simple summons in terms of Rule 17(2)(b) of the Uniform Rules of
Court (for the High Court) or Rule 5(2) of the Magistrates’ Court Rules, depending on the
jurisdictional amount.
A simple summons is used when the claim is for a liquidated amount of money — that is, a
fixed or easily ascertainable debt, such as the price of goods sold, services rendered, or money
lent.
Since Jock Builders is claiming an outstanding payment for building work completed under
, a contract, the amount owed is certain and easily calculable, making the simple summons
appropriate.
If the claim involved an unliquidated amount (e.g., damages for negligence or breach of
contract requiring proof), a combined summons would be used instead.
Authority:
Rule 17(2)(b) of the Uniform Rules of Court
Rule 5(2) of the Magistrates’ Court Rules
Van Loggerenberg, DE (2021) Erasmus: Superior Court Practice
QUESTION 1.1(b)
Draft the summons chosen in 1(a) above.
(10 marks)
Answer:
IN THE MAGISTRATE’S COURT FOR THE DISTRICT OF DURBAN HELD
AT DURBAN
Case No: [To be allocated by the Clerk of the Court]
Between:
JOCK BUILDERS (PTY) LTD
(Registration No. 2005/123456/07)
of 45 Builders Road, Durban, KwaZulu-Natal
PLAINTIFF
and
MR. JOHN PETERS
of 12 Beachfront Avenue, Durban, KwaZulu-Natal
DEFENDANT
SIMPLE SUMMONS
To: The Sheriff of the above Court,
TLI4801 PORTFOLIO
(DETAILED ANSWERS)
Semester 2 2025 -
DISTINCTION
GUARANTEED -
[Type the document subtitle]
[Year]
,Exam (elaborations)
TLI4801 PORTFOLIO (DETAILED
ANSWERS) Semester 2 2025 -
DISTINCTION GUARANTEED -
TLI4801 PORTFOLIO (DETAILED ANSWERS) Semester 2 2025 - DISTINCTION
GUARANTEED - DISTINCTION GUARANTEED - DISTINCTION GUARANTEED
Answers, guidelines, workings and references ,...PLEASE COMPLY WITH THE
FOLLOWING INSTRUCTIONS WHEN ANSWERING THE EXAMINATION (NON-
VENUE- BASED EXAMINATION).
NE IN THE SAME MANNER THAT YOU SUBMIT ALL OTHER ASSIGNMENTS
ONLINE. TLI4801/202/2/2025 6 THE QUESTION PAPER: QUESTION 1: CIVIL
PRACTICE [50]
Question 1.1 Mrs. N Slipper and her family decide to drive to Durban for the
weekend to celebrate her 60th birthday. On 22 August 2025 they arrive at
the Slip and Shiny Hotel (Pty) Ltd, situated on the Durban beachfront with
stunning views of the Indian Ocean and with direct access to the beach from
the main lobby of the hotel. The lobby floor is polished in a natural blue
limestone, known for its beauty and slickness when wet. On the morning of
23 August 2025 at 08h00am the family, comprising of Mrs. Slipper, her
husband and their 2 grandchildren, decide to have breakfast at the hotel
lobby and to immediately head to the beach for an early swim after
breakfast. After breakfast, the family head to the beach. As Mrs. Slipper
walked from the main entrance towards the exit door leading to the beach,
her feet slipped out from under her, and she fell hard onto her right side. She
immediately felt a sharp pain in her right hip and was unable to get up. The
cause of her slip was a clear, odourless liquid that was on the floor where she
fell. The liquid was identified as spilled bottled water. One of the guests who
checked-in approximately 20 minutes earlier had a water bottle on top of his
luggage that was not tightly closed. Some of the water spilled onto the floor.
The spill was not identified by the staff despite the hotel’s clear policy
requiring cleaning staff to “continuously patrol” the lobby area to identify
hazards on the floor. As a result of the fall, Mrs. Slipper suffered a fractured
right hip and required emergency surgery. She was hospitalised for five days
and then transferred to a rehabilitation facility for three weeks. Now she is
home but requires a walker. Her recovery is progressing more slowly than
expected due to her age and pre-existing arthritis. Her orthopaedic surgeon
states she will likely have permanent reduced mobility and will develop post-
traumatic arthritis in the joint. Her medical expenses to date amount to R350
000,00 (surgery, hospital stay, and rehabilitation) and her future medical
expenses (physical therapy and potential future surgery) are estimated at
,R75 000,00. Mrs. Slipper blames the hotel’s negligent conduct for her fall,
her resulting injuries and the pain and suffering she has endured. She now
approaches you for advice on instituting legal action against the hotel.
Answer the following questions, using proper references. Note: In your
answers, you are required to make up facts to supplement the given facts of
the case in so far as your own rendition does not detract from the core
issues. (a) Discuss the type of summons that Jock Builders will use to recover
the outstanding amount. (4) (b) Draft the summons chosen in 1(a) above.
(10) (c) The owner of Jock Builders requests your advice regards a suitable
ADR (alternative dispute resolution) mechanism to resolve the dispute with
Mr Peters expeditiously. Discuss briefly whether arbitration or negotiation is
the most suitable ADR mechanism having regard to the given facts and
advise Jock Builders accordingly. (10) (24)
CLARIFICATION
The facts (Mrs. Slipper and Slip and Shiny Hotel) relate to a delictual claim
(negligence / personal injury).
The questions (Jock Builders and Mr Peters) relate to a contractual debt recovery and
civil procedure (summons and ADR).
Thus, the questions are not about Mrs. Slipper. They are about Jock Builders recovering
money owed (a contractual dispute).
Therefore, I’ll answer the questions as they clearly intend — about Jock Builders and Mr
Peters — using correct South African civil procedure and ADR law.
QUESTION 1.1(a)
Discuss the type of summons that Jock Builders will use to recover the outstanding amount.
(4 marks)
Answer:
Jock Builders will issue a simple summons in terms of Rule 17(2)(b) of the Uniform Rules of
Court (for the High Court) or Rule 5(2) of the Magistrates’ Court Rules, depending on the
jurisdictional amount.
A simple summons is used when the claim is for a liquidated amount of money — that is, a
fixed or easily ascertainable debt, such as the price of goods sold, services rendered, or money
lent.
Since Jock Builders is claiming an outstanding payment for building work completed under
, a contract, the amount owed is certain and easily calculable, making the simple summons
appropriate.
If the claim involved an unliquidated amount (e.g., damages for negligence or breach of
contract requiring proof), a combined summons would be used instead.
Authority:
Rule 17(2)(b) of the Uniform Rules of Court
Rule 5(2) of the Magistrates’ Court Rules
Van Loggerenberg, DE (2021) Erasmus: Superior Court Practice
QUESTION 1.1(b)
Draft the summons chosen in 1(a) above.
(10 marks)
Answer:
IN THE MAGISTRATE’S COURT FOR THE DISTRICT OF DURBAN HELD
AT DURBAN
Case No: [To be allocated by the Clerk of the Court]
Between:
JOCK BUILDERS (PTY) LTD
(Registration No. 2005/123456/07)
of 45 Builders Road, Durban, KwaZulu-Natal
PLAINTIFF
and
MR. JOHN PETERS
of 12 Beachfront Avenue, Durban, KwaZulu-Natal
DEFENDANT
SIMPLE SUMMONS
To: The Sheriff of the above Court,
