, CIV3701 Assignment 1
Semester 2 2025
DUE 21 August 2025
Use this document as a guide and for references to answer your assignment
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 (motion proceedings) is only suitable when there are no
foreseeable material disputes of fact, and the case can be decided purely on legal
issues and common-cause facts set out in affidavits.
Here, a breach of contract claim for R700 000 is likely to involve factual disputes
(e.g., whether there was breach, performance, causation, damages). Such disputes
require oral evidence and cross-examination, which application proceedings
cannot provide. The correct process would be an action (summons) so that
evidence can be tested at trial.
Reasoning: Motion proceedings are decided on paper; contract disputes with
contested facts require a trial.
(b) Explain why P can institute proceedings against Y in the Bloemfontein High
Court. (2)
Jurisdiction in the High Court can be based on either the defendant’s
domicile/residence (the actor sequitur forum rei rule) or the place where the cause
of action arose.
Y lives in Johannesburg (so no jurisdiction based on residence in
Bloemfontein).
Semester 2 2025
DUE 21 August 2025
Use this document as a guide and for references to answer your assignment
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 (motion proceedings) is only suitable when there are no
foreseeable material disputes of fact, and the case can be decided purely on legal
issues and common-cause facts set out in affidavits.
Here, a breach of contract claim for R700 000 is likely to involve factual disputes
(e.g., whether there was breach, performance, causation, damages). Such disputes
require oral evidence and cross-examination, which application proceedings
cannot provide. The correct process would be an action (summons) so that
evidence can be tested at trial.
Reasoning: Motion proceedings are decided on paper; contract disputes with
contested facts require a trial.
(b) Explain why P can institute proceedings against Y in the Bloemfontein High
Court. (2)
Jurisdiction in the High Court can be based on either the defendant’s
domicile/residence (the actor sequitur forum rei rule) or the place where the cause
of action arose.
Y lives in Johannesburg (so no jurisdiction based on residence in
Bloemfontein).
