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TLI4801 Assignment 1
(COMPLETE
ANSWERS) Semester
2 2025
USER
[Email address]
, TLI4801 Assignment 1 (COMPLETE ANSWERS) Semester 2 2025 1. You act for ADB
Cables (Pty) Ltd, a supplier of high voltage electricity cables. lcp4801 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) lml4806
(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) lju4801 lju4802
TLI4801 Assignment 1 – Complete Answers
Scenario Summary:
ADB Cables (Pty) Ltd supplied high-voltage cables worth R1.2 million to Brown Electrical
(Pty) Ltd on 01 October 2024, with payment due within 60 days. Brown Electrical
acknowledged the debt via an Acknowledgement of Debt (AOD) signed by its sole director,
Dennis Brown. However, Brown Electrical failed to honour the AOD terms. ADB Cables seeks
legal recovery.
(a) Should ADB Cables use the Provisional Sentence Procedure? (6 Marks)
✅ Yes, I would advise ADB Cables to proceed with the Provisional Sentence Procedure to
recover the outstanding amount.
Reasons:
1. Written Acknowledgement of Debt (AOD):
o The AOD constitutes a liquid document – a document that contains an
unequivocal admission of debt by the debtor, signed by the debtor (Brown
Electrical through Dennis Brown).
o The AOD can be used as the cause of action for provisional sentence.
2. Speed and Efficiency:
TLI4801 Assignment 1
(COMPLETE
ANSWERS) Semester
2 2025
USER
[Email address]
, TLI4801 Assignment 1 (COMPLETE ANSWERS) Semester 2 2025 1. You act for ADB
Cables (Pty) Ltd, a supplier of high voltage electricity cables. lcp4801 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) lml4806
(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) lju4801 lju4802
TLI4801 Assignment 1 – Complete Answers
Scenario Summary:
ADB Cables (Pty) Ltd supplied high-voltage cables worth R1.2 million to Brown Electrical
(Pty) Ltd on 01 October 2024, with payment due within 60 days. Brown Electrical
acknowledged the debt via an Acknowledgement of Debt (AOD) signed by its sole director,
Dennis Brown. However, Brown Electrical failed to honour the AOD terms. ADB Cables seeks
legal recovery.
(a) Should ADB Cables use the Provisional Sentence Procedure? (6 Marks)
✅ Yes, I would advise ADB Cables to proceed with the Provisional Sentence Procedure to
recover the outstanding amount.
Reasons:
1. Written Acknowledgement of Debt (AOD):
o The AOD constitutes a liquid document – a document that contains an
unequivocal admission of debt by the debtor, signed by the debtor (Brown
Electrical through Dennis Brown).
o The AOD can be used as the cause of action for provisional sentence.
2. Speed and Efficiency:
