CIV3701 Civil Procedure Assignment 1 | Due 21st August 2025 | Footnotes and Bibliography Included

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CIV3701 Civil Procedure Assignment 1 | Due 21st August 2025 | Footnotes and Bibliography Included!

Preview Question 1:

QUESTION 1
(a) Explain why it will be inappropriate for P to use an ordinary application to institute proceedings against Y.

It would be procedurally inappropriate for P to proceed by way of an ordinary application because breach of contract disputes typically involve factual disagreements that cannot be resolved on affidavit evidence alone. In South African civil procedure, application (motion) proceedings are suitable only where the material facts are either………….