TLI4801 MAY/JUNE EXAM 2025 – FULLY ANSWERED (DUE 22-27 MAY 2025)

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TLI4801 May/June Exam Memo | Due 22 – 27 May 2025. All questions fully answered with references. QUESTION 1: CIVIL PRACTICE [50]
Question 1.1
Shiny Plastics (Pty) Ltd (“Shiny Plastics”) is a plastic bottle manufacturer based in Pretoria West. Blue Brands (Pty) Ltd (“Blue Brands”) is a contract filling and manufacturing company based in Johannesburg South. The company manufactures and fills soap detergent bottles for a number of brands. On 20 March 2025, the owner of Blue Brands, Ms. Sue Brand, sent an email to Shiny Plastics to place an order for 50 000 plastic bottles valued at R300 000,00 in order to complete an order for a client.
The bottles were delivered to Blue Brands the following day, and a copy of the invoice was handed to Ms. Brand. However, she then neglected to pay for the delivery within the 30-day period provided for in terms of the invoice. Despite repeated telephone calls and a formal letter of demand from Shiny Plastics, Blue Brands has not settled the amount. Shiny Plastics wants to sue Blue Brands for the outstanding amount. The owner of Shiny Plastics, DW Shine, approaches you for legal advice regarding the legal proceedings to be instituted against Blue Brands.
Answer the following questions, using proper references. Note: In your answers, you are required to make up facts/create facts to supplement the given facts of the case as long as your own rendition does not detract from the core issues.
a) Discuss the type of summons that Shiny Plastics will use to recover the outstanding amount. (4)
(b) Discuss whether summary judgment can be used in the above instance. (4)
(c) Assuming that there is no application for summary judgment, name and discuss the pleading that must be drafted by the plaintiff in response to the defendant’s notice to defend the matter. (4)
(d) Draft the pleading referred to in (c) above. It must include, inter alia, a heading, the description of the parties, their locus standi (if applicable), the court’s jurisdiction, material facts and the prayer. (8)
(e) The owner of Shiny Plastics requests your advice regarding a suitable alternative dispute resolution (ADR) mechanism to resolve the dispute with Blue Brands expeditiously. Advise the owner of Shiny Plastics appropriately. (10)
(30)
Question 1.2
(a)
Discuss the advantages of lawyers using digital resources instead of traditional methods to undertake legal research. (4)
(b)
Critically discuss the role of the Legal Practice Council in regulating the professional conduct of its members in practice. (6)
(c)
Critically discuss the role and liability of the Legal Practitioner’s Fidelity Fund in addressing pecuniary loss suffered by clients because of the actions of their legal practitioners. You must refer to relevant legislation in your answer. (10)
(20)
[50]
QUESTION 2: CRIMINAL PRACTICE [50]
1.
Your client, Mr Simon Truss, is a self-employed senior accountant. He approaches you, as his attorney, for advice. He was arrested and charged with driving under the influence of alcohol and negligent and reckless driving after he was involved in a motor vehicle accident. The accident resulted in damage to two vehicles, including a minibus taxi. Four passengers in the minibus taxi suffered mild to serious neck injuries. The accident occurred at around 22h00 on Ontdekkers Road, Roodepoort, and Simon was on his way home from a dinner with friends where he consumed 2 glasses of red wine. Simon was arrested at the scene of the accident and taken to the holding cells of Roodepoort Police Station.
(a)
In his first appearance at the Roodepoort Magistrates’ Court after spending the weekend in the holding cells, Simon wants to apply for bail. Discuss the relevant factors to be considered by the court in determining whether Simon should be granted bail. NB: Please ensure to refer to relevant case law in your answer as well. (5)
(b)
From his consultation with you, the evidence against Simon is overwhelming. The evidence shows that Simon was the sole cause of the accident as he was clearly inebriated and the police and the prosecutors already have his blood tests results showing that the level of alcohol in his blood was over the legal limit at the time of the accident. As his attorney, you advise him to plead guilty and he accepts your advice. Draft the plea statement. Include all headings and conclusions and insert any additional facts and information you deem necessary for the statement to be coherent. (10)
(15)
2.
Critically discuss the discretionary role of the court to grant a section 174 discharge. Motivate your answer by referring to relevant case law. (10)
3.
Critically discuss the use of alternative dispute resolution (ADR) strategies by prosecutors in criminal trials.
4.
Mr. Timber informs his attorney, Mr. Dura Cell, that he (Mr. Timber) has been admitted to hospital to undergo a hernia operation. As a result of this, Mr. Timber cannot attend his trial, which is scheduled for later that week. Critically discuss whether Mr. Dura Cell can apply for an adjournment of his client’s trial. (8)
5.
An attorney, Mr. Professional, arrives late at court. He rushes into the courtroom. He appears wearing an orange shirt and tie with Disney characters, black pants and sandals. His general appearance is disheveled. The presiding officer, prosecutor, witnesses and court officials are kept waiting for 40 minutes for Mr. Professional to arrive so that the trial may commence. Mr. Professional informs the presiding officer that he was unexpectedly delayed at home by pressing personal commitments. He makes a ribald joke about “demanding spouses and offspring”. Discuss whether Mr. Professional’s conduct conforms to acceptable court etiquette. (10)
(35)
[50]
TOTAL: [100]