, TLI4801 Assignment 1 (COMPLETE ANSWERS)
Semester 2 2025 (642661) - DUE 21 August 2025;
100% TRUSTED Complete, trusted solutions and
explanations.
MULTIPLE CHOICE,ASSURED EXCELENCE
(a) Advice on whether to use Provisional Sentence (6 marks)
Yes, I would advise ADB Cables to make use of the provisional
sentence procedure.
Reasons:
1. Liquid Document Requirement: An acknowledgment of
debt (AOD) is a liquid document because it contains an
unconditional written admission of liability for a fixed
and certain sum of money (R1.2 million). This makes it
suitable for provisional sentence.
2. Speedy Remedy: Provisional sentence is a summary
procedure designed to enable creditors with liquid
documents to obtain quick judgment without having to
undergo lengthy trial proceedings.
3. Defendant’s Admission: Brown Electrical has already
signed the AOD, confirming its indebtedness to ADB
Cables. There is therefore no genuine dispute of fact.
Semester 2 2025 (642661) - DUE 21 August 2025;
100% TRUSTED Complete, trusted solutions and
explanations.
MULTIPLE CHOICE,ASSURED EXCELENCE
(a) Advice on whether to use Provisional Sentence (6 marks)
Yes, I would advise ADB Cables to make use of the provisional
sentence procedure.
Reasons:
1. Liquid Document Requirement: An acknowledgment of
debt (AOD) is a liquid document because it contains an
unconditional written admission of liability for a fixed
and certain sum of money (R1.2 million). This makes it
suitable for provisional sentence.
2. Speedy Remedy: Provisional sentence is a summary
procedure designed to enable creditors with liquid
documents to obtain quick judgment without having to
undergo lengthy trial proceedings.
3. Defendant’s Admission: Brown Electrical has already
signed the AOD, confirming its indebtedness to ADB
Cables. There is therefore no genuine dispute of fact.
