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TLI4801 PORTFOLIO Semester 1 2024 Detailed Solutions, References & Explanations (Unique number: 790512 Due Date: 28 May 2024) ||| Accurate Answers, References with Clear Explanations! ||| ★★★★★
QUESTION 1: CIVIL PRACTICE
1.1.
a.
Since EBA (Pty) Ltd is seeking to recover a fixed and determined sum of R1.5 million from DSA Equipment (Pty) Ltd, a simple summons should be used to institute the claim. As per Rule 2(b), a simple summons is appropriate for cases where the claim is for a liquidated demand or debt, such as a fixed and specific sum of money owed. The agreement between EBA and DSA for the supply and delivery of components on 30-day credit terms, as well as the invoice handed to Mr. Smith, clearly establish the fixed amount owed
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