TLI4801 Portfolio May June Due 28 May 2024

TLI4801 MAY JUNE 2024
THE QUESTION PAPER:

QUESTION 1: CIVIL PRACTICE [50]

1.1 Darren Smith is the director and shareholder of DSA Equipment (Pty) Ltd (“DSA”) and
the company manufactures medica electronic equipment. Mr. Smith approached EBA
(Pty) Ltd (“EBA”), the local supplier of the components needed for the manufacturing of
the electronic equipment by DSA, and the parties entered into a written agreement for
the supply and delivery of the components on 30-day credit terms. The goods are
delivered by EBA to DSA’s premises and a copy of the invoice to the value of R1,5
million is handed to Mr. Smith who was present to receive them. Despite numerous calls
followed by a formal letter of demand addressed to DSA for payment of the outstanding
amount following the expiry of the 30-day period, EBA does not receive any formal
response from DSA and/or Mr. Smith. EBA (Pty) Ltd now wants to institute legal
proceedings to recover the outstanding amount. EBA’s director approaches you for legal
advice or assistance regarding the proceedings that can be instituted for the recovery of
the outstanding amount from DSA.

Answer all the following questions, using proper references. Note: In your answers,
you are required to make up facts to supplement the given facts of the case in so
far as your own rendition does not detract from the core issues.

(a) Discuss the type of court proceedings that must be used to institute EBA’s claim.