, CIV3701 Assignment 1 (COMPLETE ANSWERS) Semester 2 2025 – DUE 21
August 2025; 100% CORRECT AND TRUSTED SOLUTIONS
QUESTION 1
P has a claim against Y in the amount of R700 000 based on breach of contract
which occurred in Bloemfontein. P is an incola of Bloemfontein and Y is an incola
of Johannesburg. With these facts in mind, answer the following questions. Give
full reasons for your answers.
(a) Explain why it will be inappropriate for P to use an ordinary application to
institute proceedings against Y. (2)
An ordinary application is a method of instituting legal proceedings by
way of motion proceedings (as opposed to action proceedings). This is
appropriate only where there are no material disputes of fact.
However, in this case, P's claim is based on a breach of contract, which
typically involves factual disputes—such as whether the contract
existed, its terms, whether it was breached, and whether damages
resulted.
Therefore, it would be inappropriate for P to use motion proceedings
(an ordinary application), because the presence of factual disputes
would require oral evidence and cross-examination, which can only be
accommodated in action proceedings (via summons). The correct
procedure is to issue a summons, not bring an application.
(b) Explain why P can institute proceedings against Y in the Bloemfontein High
Court. (2)
In civil procedure, the High Court has jurisdiction over a defendant if
certain grounds of jurisdiction are satisfied. In this case:
P is an incola of Bloemfontein (resides or is domiciled there),
Y is an incola of Johannesburg, and
The cause of action arose in Bloemfontein (the breach of contract
occurred there).
August 2025; 100% CORRECT AND TRUSTED SOLUTIONS
QUESTION 1
P has a claim against Y in the amount of R700 000 based on breach of contract
which occurred in Bloemfontein. P is an incola of Bloemfontein and Y is an incola
of Johannesburg. With these facts in mind, answer the following questions. Give
full reasons for your answers.
(a) Explain why it will be inappropriate for P to use an ordinary application to
institute proceedings against Y. (2)
An ordinary application is a method of instituting legal proceedings by
way of motion proceedings (as opposed to action proceedings). This is
appropriate only where there are no material disputes of fact.
However, in this case, P's claim is based on a breach of contract, which
typically involves factual disputes—such as whether the contract
existed, its terms, whether it was breached, and whether damages
resulted.
Therefore, it would be inappropriate for P to use motion proceedings
(an ordinary application), because the presence of factual disputes
would require oral evidence and cross-examination, which can only be
accommodated in action proceedings (via summons). The correct
procedure is to issue a summons, not bring an application.
(b) Explain why P can institute proceedings against Y in the Bloemfontein High
Court. (2)
In civil procedure, the High Court has jurisdiction over a defendant if
certain grounds of jurisdiction are satisfied. In this case:
P is an incola of Bloemfontein (resides or is domiciled there),
Y is an incola of Johannesburg, and
The cause of action arose in Bloemfontein (the breach of contract
occurred there).
