FIN3701 ASSIGNMENT 2 SEMESTER 1 OF 2025 – INCLUDES THE 2024 EXAM SOLUTIONS WITH CALCULATIONS
MNG3702 Assignment 2 Semester 1 – 2025 Solutions | Netcare Case Study | Exam Study Notes | Unique Number: 146411
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QUESTIONS:
1. You act for ADB Cables (Pty) Ltd, a supplier of high voltage electricity cables. Brown Electrical (Pty) Ltd is one of the customers of ADB Cables and the latter on 01 October 2024 supplied cables to Brown Electrical on terms requiring payment to be made within 60 days of delivery. You are approached by ADB Cables with instructions to recover an amount of R1.2M which is owed to your client by Brown Cables. You proceed to serve Brown Electrical with a demand. Upon receipt of the demand, Brown Electrical, through its sole director and shareholder, Dennis Brown, informs you that Brown Electrical acknowledges its debt to ADB Cables and subsequently enters into an acknowledgement of debt (AOD). Brown Electrical subsequently fails to abide by the payment procedure agreed upon in the AOD.
(a) Would you advise ADB Cables to make use of the Provisional Sentence Procedure to recover the amount owing? Provide reason(s) for your answer.
(b) Prepare a draft of the provisional sentence summons and highlight all the necessary averments that must be included in the summons.
(c) Discuss fully the legal consequences should provisional sentence be refused by the court.
(d) If the court grants provisional sentence, would it still be possible for the defendant to enter into the principal case? Discuss fully the steps that the defendant would need to take in this instance
QUESTION A SOLUTION PREVIEW:
Advising ADB Cables on Provisional Sentence:
i. Definition and Purpose:
– Provisional sentence is a speedy remedy used to enforce a liquid document. A liquid
document is one that, on the face of it, evidences an unconditional acknowledgement of
debt.1
– It is designed to provide a creditor with swift relief where the debtor’s liability is clear.
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QUESTION A SOLUTION PREVIEW:
Advising ADB Cables on Provisional Sentence:
i. Definition and Purpose:
– Provisional sentence is a speedy remedy used to enforce a liquid document. A liquid
document is one that, on the face of it, evidences an unconditional acknowledgement of
debt.1
– It is designed to provide a creditor with swift relief where the debtor’s liability is clear.
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