TLI4801
Portfolio Exam (Semester 2)
DUE 28 October 2025
QUESTION 1: CIVIL PRACTICE [50]
1.1
(a)
Will it be advisable to commence with a letter of demand to commence with the
legal action against the hotel, and what are the possible benefits for doing so?
ANSWER:
Yes, It is highly advisable for Mrs. Slipper to commence her legal action with a letter of
demand before issuing summons against Slip and Shiny Hotel (Pty) Ltd. A letter of
demand formally notifies the defendant of the plaintiff’s intention to institute legal
proceedings and provides an opportunity to resolve the matter amicably. According to
Marnewick (2019:110), the purpose of a demand letter is to give the debtor notice of the
claim, specify the relief sought, and invite settlement before litigation.
The benefits of issuing a letter of demand include demonstrating the plaintiff’s good faith
in attempting to settle, saving legal costs, and potentially avoiding lengthy court
proceedings. It also serves as evidence that the plaintiff afforded the defendant a
reasonable opportunity to rectify the harm before instituting action. In some cases,
courts may even view the failure to send such a letter as unreasonable conduct. The
letter would outline the factual background of the incident, specify the damages claimed
Disclaimer:
All materials are for study assistance only. We do not condone academic dishonesty. Use at your own risk.
We are not liable for any consequences arising from misuse.
Redistribution, resale, or sharing without permission is prohibited.
, (R350 000 in current medical expenses and R75 000 in future costs), and provide a
deadline for response, usually 10–14 days. If the hotel ignores the letter, Mrs. Slipper
can then proceed confidently with summons.
(b)
Should Mrs. Slipper use a provisional sentence summons or a combined
summons to institute her claim or action?
ANSWER:
Mrs. Slipper should use a combined summons to institute her action. A provisional
sentence summons is appropriate only where the plaintiff relies on a liquid document,
such as a signed acknowledgment of debt, cheque, or written instrument that
constitutes clear evidence of indebtedness. In this case, there is no liquid document
proving the hotel’s liability. Instead, her claim is based on delictual damages arising from
negligence, which requires evidence and proof of wrongful conduct, fault, and
causation.
According to Rule 17(2) of the Uniform Rules of Court and Marnewick (2019:164), a
combined summons is used where a plaintiff’s cause of action is not evident from a
document but must be supported by a particulars of claim setting out the facts on which
the claim is based. Therefore, a combined summons is the correct procedural form for
Mrs. Slipper’s delictual claim.
(c)
Discuss the pleading that will be annexed to the summons to support Mrs.
Slipper’s claim or action.
ANSWER:
Disclaimer:
All materials are for study assistance only. We do not condone academic dishonesty. Use at your own risk.
We are not liable for any consequences arising from misuse.
Redistribution, resale, or sharing without permission is prohibited.
Portfolio Exam (Semester 2)
DUE 28 October 2025
QUESTION 1: CIVIL PRACTICE [50]
1.1
(a)
Will it be advisable to commence with a letter of demand to commence with the
legal action against the hotel, and what are the possible benefits for doing so?
ANSWER:
Yes, It is highly advisable for Mrs. Slipper to commence her legal action with a letter of
demand before issuing summons against Slip and Shiny Hotel (Pty) Ltd. A letter of
demand formally notifies the defendant of the plaintiff’s intention to institute legal
proceedings and provides an opportunity to resolve the matter amicably. According to
Marnewick (2019:110), the purpose of a demand letter is to give the debtor notice of the
claim, specify the relief sought, and invite settlement before litigation.
The benefits of issuing a letter of demand include demonstrating the plaintiff’s good faith
in attempting to settle, saving legal costs, and potentially avoiding lengthy court
proceedings. It also serves as evidence that the plaintiff afforded the defendant a
reasonable opportunity to rectify the harm before instituting action. In some cases,
courts may even view the failure to send such a letter as unreasonable conduct. The
letter would outline the factual background of the incident, specify the damages claimed
Disclaimer:
All materials are for study assistance only. We do not condone academic dishonesty. Use at your own risk.
We are not liable for any consequences arising from misuse.
Redistribution, resale, or sharing without permission is prohibited.
, (R350 000 in current medical expenses and R75 000 in future costs), and provide a
deadline for response, usually 10–14 days. If the hotel ignores the letter, Mrs. Slipper
can then proceed confidently with summons.
(b)
Should Mrs. Slipper use a provisional sentence summons or a combined
summons to institute her claim or action?
ANSWER:
Mrs. Slipper should use a combined summons to institute her action. A provisional
sentence summons is appropriate only where the plaintiff relies on a liquid document,
such as a signed acknowledgment of debt, cheque, or written instrument that
constitutes clear evidence of indebtedness. In this case, there is no liquid document
proving the hotel’s liability. Instead, her claim is based on delictual damages arising from
negligence, which requires evidence and proof of wrongful conduct, fault, and
causation.
According to Rule 17(2) of the Uniform Rules of Court and Marnewick (2019:164), a
combined summons is used where a plaintiff’s cause of action is not evident from a
document but must be supported by a particulars of claim setting out the facts on which
the claim is based. Therefore, a combined summons is the correct procedural form for
Mrs. Slipper’s delictual claim.
(c)
Discuss the pleading that will be annexed to the summons to support Mrs.
Slipper’s claim or action.
ANSWER:
Disclaimer:
All materials are for study assistance only. We do not condone academic dishonesty. Use at your own risk.
We are not liable for any consequences arising from misuse.
Redistribution, resale, or sharing without permission is prohibited.
