, CIV3701 Assignment 1 (COMPLETE ANSWERS)
Semester 2 2025 - DUE 21 August 2025; 100%
TRUSTED Complete, trusted solutions and
explanations.
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 appropriate where
there is no real dispute of fact and the matter can be decided purely on
affidavits.
Here:
The claim is for R700 000 based on breach of contract.
In breach of contract cases, especially for large sums, it’s common for
the defendant to dispute the facts — e.g., whether there was a breach,
whether performance occurred, whether damages are correct.
Once a material dispute of fact arises in motion proceedings, the court
is generally required either to dismiss the application or refer it to trial
— meaning the motion procedure would have been a wasted step.
Actions for damages are usually instituted by way of action
proceedings (summons), which allow for oral evidence and cross-
examination.
Conclusion: An ordinary application is inappropriate because the claim is
factual in nature, likely to involve disputes of fact, and is best resolved
through action proceedings.
Semester 2 2025 - DUE 21 August 2025; 100%
TRUSTED Complete, trusted solutions and
explanations.
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 appropriate where
there is no real dispute of fact and the matter can be decided purely on
affidavits.
Here:
The claim is for R700 000 based on breach of contract.
In breach of contract cases, especially for large sums, it’s common for
the defendant to dispute the facts — e.g., whether there was a breach,
whether performance occurred, whether damages are correct.
Once a material dispute of fact arises in motion proceedings, the court
is generally required either to dismiss the application or refer it to trial
— meaning the motion procedure would have been a wasted step.
Actions for damages are usually instituted by way of action
proceedings (summons), which allow for oral evidence and cross-
examination.
Conclusion: An ordinary application is inappropriate because the claim is
factual in nature, likely to involve disputes of fact, and is best resolved
through action proceedings.
