Description
CIV3701 Assignment 1 Semester 1 | Due 3 April 2025. All questions answered. ASSIGNMENT QUESTIONS QUESTION 1 (a) Briefly describe three methods which may be used to reform civil procedure. (6) (b) Briefly describe the doctrine of effectiveness. (4) [10] QUESTION 2 A drives through a red traffic light and collides with B’s motor vehicle. B suffers damages in the amount of R420 000. B lives and works in Johannesburg. A lives in Pretoria. B wishes to issue a summons against A in the magistrates’ court for damages suffered. (a) Explain whether any regional magistrates’ court be competent to exercise jurisdiction? (3) (b) Assume on the same facts that A owes B an amount of R20 000 for services rendered by B to A, the amount which A admits. Will your answer in (a) above differ? Explain. (2) (c) Briefly explain how the audi alteram partem principle finds application in the ordinary application procedure. [7] QUESTION 3 X wishes to issue summons against his neighbour, Y, for defamation. Answer the following questions. Give reasons for your answers where required. (a) Explain why X may not use an ordinary application to institute action against Y. (2) (b) If Y gives notice of intention to defend within the dies induciae, explain fully why Z may not apply for summary judgment. (2) (c) Y does not wish to continue litigating, and wishes to end the litigation as soon as possible, but without paying the full amount of the claim. Advise B how to achieve this objective. (1) (d) Briefly explain to X and Y what the purpose is of a pre-trial conference in terms of Uniform Rule 37. (1) (e) When the trial starts, X learns that an important witness is in the hospital and unable to testify in court. Advise X of any two possible methods by which a witness may place his or her evidence before court. (2) [8] Total [25]
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