CIV3701 ASSIGNMENT 1 MEMO - SEMESTER 1 - 2022

2022 TRUSTED exampacks / summarised notes / assignment and Portfolio memos . for assistance. All the best for this semester!!! ASSIGNMENT QUESTIONS QUESTION 1 (a) Briefly explain why it can be said that court-annexed mediation contributes to the reform of the adversarial system of civil procedure in Anglo- American legal systems. (5) (b) Write a short note on the meaning of jurisdiction. (5) [10] QUESTION 2 X has a claim against Z in the amount of R600 000 on the ground of breach of contract which occurred in Cape Town. X is an incola of Cape Town and Z is an incola of Pretoria. With these facts in mind, answer the following questions. Give full reasons for your answers. (a) Explain why X can institute proceedings against Z in the High Court of South Africa, Western Cape Division, Cape Town. (2) (b) If Z is on holiday in Durban for three weeks, may X issue summons out of the High Court of South Africa, Western Cape Division, Cape Town and have the summons served on Z while in Durban? (2) (c) Would your answer to (a) differ if Z was a peregrinus of the Republic and the cause of action arose in Durban? (3) [7] QUESTION 3 Z wishes to issue summons against his neighbour, B, for defamation. Answer the following questions. Give reasons for your answer where required. (a)Explain why Z may not use an ordinary application to institute action against B. (2) (b)If B gives notice of intention to defend within the dies induciae, explain fully why Z may not apply for summary judgment. (2) (c) B does not wish to continue litigating, and wishes to end litigation as soon as possible, but without paying the full amount of the claim. Advice B how to achieve this objective. (1) (d)Briefly explain to Z and B what the purpose is of a pre-trial conference in terms of Uniform Rule 37. (1) (e)When the trial starts, Z learns that an important witness is in the hospital and unable to testify in court. Advise Z of any two possible methods by which a witness may place his or her evidence before court. (2) (8) QUESTION 4 The following statements are all false. Briefly indicate the correct state of affairs in each instance. (a) If review proceedings are successful, the High Court must set aside the decision that has been reviewed and substitute it with its own. (1) (b) A full bench that hears an appeal from a magistrate’s court consists of three judges. (1) (c) If a judgment of a High Court contains an obvious mistake, the whole judgment will be set aside. (1) (d) A request for leave to appeal against the judgment of a single judge must always be noted at the time when judgment is passed. (1) (e) A party who is dissatisfied with a judgment of the Supreme Court of Appeal may always appeal to the Constitutional Court. (1) [5] [30]