[Date]
CIV3701 Assignment 2
Semester 2 2024 - DUE
26 September 2024
QUESTIONS WITH COMPLETE ANSWERS
,CIV3701 Assignment 2 Semester 2 2024 - DUE 26 September 2024
Question 1
Indicate the most accurate statement:
a. When a claim for damages is instituted, the plaintiff must prove the guilt of the
defendant.
b. The Uniform Rules of Court are a common set of rules that uniformly regulate
the conduct of the proceedings in the magistrates courts.
c. Since the rules exist for the courts, a High Court may condone a litigant's non-
compliance with the rules.
d. The Minister of Justice and the Rules Board may make rules relating to the
manner in which the Constitutional Court may be engaged. Clear my choice
Question 2
Indicate the most accurate statement. During the trial it becomes clear that X
concealed certain documents which were prejudicial to his case and lied about their
existence. At the end of the trial Y s advocate argues that in these circumstances it
would be appropriate for the court to make the following costs order:
a. de bonis propriis against X.
b. party-and-party costs against X.
c. attorney-and-client costs against X.
d. that costs should be costs in the cause.
Question 3
, Indicate the most accurate statement:
a. Although the general rule is that evidence must be given viva voce and in open
court, the court may, for sufficient reasons, order that evidence be given on
affidavit.
b. A notice of intention to defend is the first of the pleadings that are exchanged
between litigating parties.
c. Passengers of a minibus suffer damage in that their personal possessions are
either damaged or destroyed in a collision. Because actions for damages tend to be
of a protracted nature and most passengers involved suffer financial hardship while
the action drags on, the passengers may, in terms of Uniform Rule 34A apply to
court for interim payment.
d. If a plaintiff issues two summonses against the same defendant on the same
cause of action in two different courts, the defendant may approach the court to
have the more recent summons struck out on the ground that such summons is
vexatious.
Question 4
Indicate the most accurate statement. A submission to the jurisdiction of a High
Court occurs when:
a. both parties to the action are foreign peregrini and the cause of action has
occurred outside the court's area of jurisdiction.
b. both parties to the action are incolae of the court concerned.
c. the plaintiff is an incola of the court concerned and the defendant is an incola of
another South African Court, the cause of action has occurred outside the court's
area of jurisdiction.
CIV3701 Assignment 2
Semester 2 2024 - DUE
26 September 2024
QUESTIONS WITH COMPLETE ANSWERS
,CIV3701 Assignment 2 Semester 2 2024 - DUE 26 September 2024
Question 1
Indicate the most accurate statement:
a. When a claim for damages is instituted, the plaintiff must prove the guilt of the
defendant.
b. The Uniform Rules of Court are a common set of rules that uniformly regulate
the conduct of the proceedings in the magistrates courts.
c. Since the rules exist for the courts, a High Court may condone a litigant's non-
compliance with the rules.
d. The Minister of Justice and the Rules Board may make rules relating to the
manner in which the Constitutional Court may be engaged. Clear my choice
Question 2
Indicate the most accurate statement. During the trial it becomes clear that X
concealed certain documents which were prejudicial to his case and lied about their
existence. At the end of the trial Y s advocate argues that in these circumstances it
would be appropriate for the court to make the following costs order:
a. de bonis propriis against X.
b. party-and-party costs against X.
c. attorney-and-client costs against X.
d. that costs should be costs in the cause.
Question 3
, Indicate the most accurate statement:
a. Although the general rule is that evidence must be given viva voce and in open
court, the court may, for sufficient reasons, order that evidence be given on
affidavit.
b. A notice of intention to defend is the first of the pleadings that are exchanged
between litigating parties.
c. Passengers of a minibus suffer damage in that their personal possessions are
either damaged or destroyed in a collision. Because actions for damages tend to be
of a protracted nature and most passengers involved suffer financial hardship while
the action drags on, the passengers may, in terms of Uniform Rule 34A apply to
court for interim payment.
d. If a plaintiff issues two summonses against the same defendant on the same
cause of action in two different courts, the defendant may approach the court to
have the more recent summons struck out on the ground that such summons is
vexatious.
Question 4
Indicate the most accurate statement. A submission to the jurisdiction of a High
Court occurs when:
a. both parties to the action are foreign peregrini and the cause of action has
occurred outside the court's area of jurisdiction.
b. both parties to the action are incolae of the court concerned.
c. the plaintiff is an incola of the court concerned and the defendant is an incola of
another South African Court, the cause of action has occurred outside the court's
area of jurisdiction.
