CIV 3701 mcqa_combined

QUESTION 1 M issues summons against N for damages as a result of breach of contract. The nature of the claim that M has against N is — Indicate the most accurate statement. (1) a liquidated claim (2) an illiquid claim (3) an unliquidated claim (4) a liquid claim QUESTION 2 The facts in Question 1 remain the same. In order to commence proceedings, M must issue one of the following summonses: Indicate the most accurate statement. (1) an illiquid summons (2) a combined summons 14 (3) a simple summons (4) a provisional sentence summons QUESTION 3 lOMoARcPSD| 2 Determine which of the following groups of procedures are not related to each other: (1) default judgment and summary dismissal (2) an exception and an application to strike out (3) an ex parte application and a rule nisi (4) a notice of motion and a declaration QUESTION 4 Indicate the most accurate statement. (1) One of the rules for the drafting of processes is that only facts, and not the law, must be pleaded. (2) To be defined as a liquid document, payment of the debt must be unconditional and must appear ex facie the document. (3) In the High Court, the amount tendered in settlement need only be available for payment and need not be paid into court. (4) The Uniform Rules of Court provide that the plaintiff has the sole responsibility to apply for the set-down of a matter. QUESTION 5 Indicate the most accurate statement. Downloaded by Danielle green () lOMoARcPSD| 3 In the High Courts the position is as follows: (1) Pleadings are deemed closed only after the plaintiff has filed his or her replication. (2) In reply to a defendant’s counterclaim, a defendant in reconvention may file a replication in reconvention. (3) An exception may be lodged only against a declaration or particulars of claim. (4) It is possible to inspect a clearly specified document or tape recording in a party’s possession and relating to a reasonably anticipated issue in the action before the close of pleadings. CIP3701/101 15 QUESTION 6 Indicate the most accurate statement. Summary judgment is relevant in the following circumstances: (1) where the defendant gives notice of his intention to defend on time (2) where the defendant fails to timeously deliver a notice of intention to defend (3) where the defendant has no bona fide defence to the plaintiff’s claim (4) where the action was instituted by means of a provisional sentence summons QUESTION 7 Indicate the most accurate statement. (1) Some of the items of property exempt from execution in terms of section 67 of the Magistrates’ Courts Act 32 of 1944 are “professional books, documents or instruments necessarily used by the debtor” in his or her profession, in so far as the value of these items does not exceed R2 000. Downloaded by Danielle green () lOMoARcPSD| 4 QUESTION 8 Indicate the most accurate statement. (1) The National Credit Act 34 of 2005 requires that the debt collection process must start with a letter of demand. (2) The request for further particulars in the magistrates’ court is meant only to allow a party to prepare a plea on the merits. (3) An exception in the magistrates’ court is raised on a pleading which contains scandalous or vexatious allegations. (4) A replication or subsequent pleading, which would amount to a mere denial of allegations in the previous pleading, is unnecessary and pleadings will be deemed closed in terms of rule 21A(b) of the Magistrates’ Court Rules.16 QUESTION 9 Indicate the most accurate statement. (1) In terms of Rule 42 of the Uniform Rules of Court, any variation of judgment sought under this Rule must be done by way of the action procedure. (2) Although the noting of an appeal against a decision of the High Court automatically suspends the execution of the judgment pending the outcome of the appeal, the party in whose favour judgment was given may approach the court that granted the original order for an order allowing execution. (3) In terms of section 13(2)(a) of the Supreme Court Act 59 of 1959 a court hearing an appeal from a lower court may consist of only one judge.