TLI4801 Assignment 1 2025 - Due 25 March 2025

1. You act for ADB Cables (Pty) Ltd, a supplier of high voltage electricity cables. Brown Electrical (Pty) Ltd is one of the customers of ADB Cables and the latter on 01 October 2024 supplied cables to Brown Electrical on terms requiring payment to be made within 60 days of delivery. You are approached by ADB Cables with instructions to recover an amount of R1.2M which is owed to your client by Brown Cables. You proceed to serve Brown Electrical with a demand. Upon receipt of the demand, Brown Electrical, through its sole director and shareholder, Dennis Brown, informs you that Brown Electrical acknowledges its debt to ADB Cables and subsequently enters into an acknowledgement of debt (AOD). Brown Electrical subsequently fails to abide by the payment procedure agreed upon in the AOD. (a) Would you advise ADB Cables to make use of the Provisional Sentence Procedure to recover the amount owing? Provide reason(s) for your answer. (6 marks) Yes, According to Pete et al (2017) Civil Procedure: A Practical Guide 3rd Edition Liquid Document Requirement. The primary requirement for a provisional sentence summons is that the plaintiff’s claim must be based on a liquid document. A liquid document is a written instrument that is clear, unconditional, and acknowledges an obligation to pay a specified sum of money¹. An Acknowledgment of Debt (AOD) is generally considered a liquid document if it contains an unambiguous admission of liability by Brown Electrical (Pty) Ltd, stating the amount owed and the due date.