, 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)
1. Nature of an Ordinary Application:
o An ordinary application (motion proceedings) is
appropriate when the facts of the case are common cause
(not in dispute) or where the issues are purely legal.
o Applications proceed on affidavit and without oral
evidence, unless the court specifically directs otherwise.
2. Why it is Inappropriate in this Case:
o A breach of contract claim usually involves disputed facts,
for example:
Whether the breach actually occurred.
Whether the contract terms were fulfilled.
Whether any defences (like repudiation or
impossibility) exist.
o Since oral evidence and cross-examination may be required
to resolve these disputes, the action procedure (summons)
is appropriate, not motion proceedings.
✅ Answer:
It is inappropriate because an ordinary application is only suitable for
claims involving undisputed facts or pure legal questions. A breach of
contract usually involves disputes of fact that require oral evidence and
cross-examination, which are dealt with through an action procedure
by way of summons.
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)
1. Nature of an Ordinary Application:
o An ordinary application (motion proceedings) is
appropriate when the facts of the case are common cause
(not in dispute) or where the issues are purely legal.
o Applications proceed on affidavit and without oral
evidence, unless the court specifically directs otherwise.
2. Why it is Inappropriate in this Case:
o A breach of contract claim usually involves disputed facts,
for example:
Whether the breach actually occurred.
Whether the contract terms were fulfilled.
Whether any defences (like repudiation or
impossibility) exist.
o Since oral evidence and cross-examination may be required
to resolve these disputes, the action procedure (summons)
is appropriate, not motion proceedings.
✅ Answer:
It is inappropriate because an ordinary application is only suitable for
claims involving undisputed facts or pure legal questions. A breach of
contract usually involves disputes of fact that require oral evidence and
cross-examination, which are dealt with through an action procedure
by way of summons.
