CIV3701
Assignment 1 Semester 2 2025
2 2025
Unique Number:
Due date: 21 August 2025
QUESTION 1
(a)
It would be inappropriate for P to use an ordinary application (motion) to institute
proceedings against Y because a breach of contract usually involves a material dispute of
fact. In application proceedings, the case is decided on written affidavits, and factual
disputes cannot be tested through cross-examination. Since contractual disputes often
require oral evidence to resolve conflicting versions, action proceedings (via simple
summons) are more appropriate. Using application proceedings in such matters is
discouraged and may lead to an adverse costs order from the court due to procedural
misuse.1
DISCLAIMER & TERMS OF USE
Educational Aid: These study notes are intended to be used as educational resources and should not be seen as a
replacement for individual research, critical analysis, or professional consultation. Students are encouraged to perform
their own research and seek advice from their instructors or academic advisors for specific assignment guidelines.
Personal Responsibility: While every effort has been made to ensure the accuracy and reliability of the information in
these study notes, the seller does not guarantee the completeness or correctness of all content. The buyer is
responsible for verifying the accuracy of the information and exercising their own judgment when applying it to their
assignments.
Academic Integrity: It is essential for students to maintain academic integrity and follow their institution's policies
regarding plagiarism, citation, and referencing. These study notes should be used as learning tools and sources of
inspiration. Any direct reproduction of the content without proper citation and acknowledgment may be considered
academic misconduct.
Limited Liability: The seller shall not be liable for any direct or indirect damages, losses, or consequences arising from
the use of these notes. This includes, but is not limited to, poor academic performance, penalties, or any other negative
consequences resulting from the application or misuse of the information provided.
, For additional support +27 81 278 3372
QUESTION 1
(a)
It would be inappropriate for P to use an ordinary application (motion) to institute
proceedings against Y because a breach of contract usually involves a material
dispute of fact. In application proceedings, the case is decided on written affidavits,
and factual disputes cannot be tested through cross-examination. Since contractual
disputes often require oral evidence to resolve conflicting versions, action
proceedings (via simple summons) are more appropriate. Using application
proceedings in such matters is discouraged and may lead to an adverse costs order
from the court due to procedural misuse.1
(b)
P can institute proceedings in the Bloemfontein High Court because the cause of
action (breach of contract) occurred in Bloemfontein. According to the principle of
jurisdiction ratione contractus, the court in the area where the contract was
concluded or performed has jurisdiction². Since the breach occurred in Bloemfontein,
this court is competent to hear the matter. Furthermore, P is an incola (resident) of
Bloemfontein, which strengthens the jurisdictional link.2
(c)
1
Study Guide, Unit 12.6.2 and 12.6.3
2
Study Guide, Units 6.1 and 8.2
Assignment 1 Semester 2 2025
2 2025
Unique Number:
Due date: 21 August 2025
QUESTION 1
(a)
It would be inappropriate for P to use an ordinary application (motion) to institute
proceedings against Y because a breach of contract usually involves a material dispute of
fact. In application proceedings, the case is decided on written affidavits, and factual
disputes cannot be tested through cross-examination. Since contractual disputes often
require oral evidence to resolve conflicting versions, action proceedings (via simple
summons) are more appropriate. Using application proceedings in such matters is
discouraged and may lead to an adverse costs order from the court due to procedural
misuse.1
DISCLAIMER & TERMS OF USE
Educational Aid: These study notes are intended to be used as educational resources and should not be seen as a
replacement for individual research, critical analysis, or professional consultation. Students are encouraged to perform
their own research and seek advice from their instructors or academic advisors for specific assignment guidelines.
Personal Responsibility: While every effort has been made to ensure the accuracy and reliability of the information in
these study notes, the seller does not guarantee the completeness or correctness of all content. The buyer is
responsible for verifying the accuracy of the information and exercising their own judgment when applying it to their
assignments.
Academic Integrity: It is essential for students to maintain academic integrity and follow their institution's policies
regarding plagiarism, citation, and referencing. These study notes should be used as learning tools and sources of
inspiration. Any direct reproduction of the content without proper citation and acknowledgment may be considered
academic misconduct.
Limited Liability: The seller shall not be liable for any direct or indirect damages, losses, or consequences arising from
the use of these notes. This includes, but is not limited to, poor academic performance, penalties, or any other negative
consequences resulting from the application or misuse of the information provided.
, For additional support +27 81 278 3372
QUESTION 1
(a)
It would be inappropriate for P to use an ordinary application (motion) to institute
proceedings against Y because a breach of contract usually involves a material
dispute of fact. In application proceedings, the case is decided on written affidavits,
and factual disputes cannot be tested through cross-examination. Since contractual
disputes often require oral evidence to resolve conflicting versions, action
proceedings (via simple summons) are more appropriate. Using application
proceedings in such matters is discouraged and may lead to an adverse costs order
from the court due to procedural misuse.1
(b)
P can institute proceedings in the Bloemfontein High Court because the cause of
action (breach of contract) occurred in Bloemfontein. According to the principle of
jurisdiction ratione contractus, the court in the area where the contract was
concluded or performed has jurisdiction². Since the breach occurred in Bloemfontein,
this court is competent to hear the matter. Furthermore, P is an incola (resident) of
Bloemfontein, which strengthens the jurisdictional link.2
(c)
1
Study Guide, Unit 12.6.2 and 12.6.3
2
Study Guide, Units 6.1 and 8.2
