TLI4801 Assignment 01 DUE 14 MARCH 2024
Answer the following questions using proper references. Your entire assignment answer
(questions 1 (a) – (d) must be typed and must not exceed 15 pages. Note: You may make up your
own facts to supplement the given facts without detracting from the core issues. 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)
(b) Prepare a draft of the provisional sentence summons and highlight all the necessary
averments that must be included in the summons (10 marks)
(c) Discuss fully the legal consequences should provisional sentence be refused by the court (7
marks)
(d) If the court grants provisional sentence, would it still be possible for the defendant to enter
into the principal case? Discuss fully the steps that the defendant would need to take in this
instance. (7 marks) Total for Assignment 01: [30]
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Question 1
Answer the following questions using proper references. Your entire assignment answer
(questions 1 (a) – (d) must be typed and must not exceed 15 pages. Note: You may make up your
own facts to supplement the given facts without detracting from the core issues. 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)
(b) Prepare a draft of the provisional sentence summons and highlight all the necessary
averments that must be included in the summons (10 marks)
(c) Discuss fully the legal consequences should provisional sentence be refused by the court (7
marks)
(d) If the court grants provisional sentence, would it still be possible for the defendant to enter
into the principal case? Discuss fully the steps that the defendant would need to take in this
instance. (7 marks) Total for Assignment 01: [30]
FOR EXAMS, PORTFOLIO, AND ASSIGNMENT ASSISTANCE WHATSAPP
0671189059 EMAIL:
Question 1
