Ms. Sue Zim, a businesswoman, has purchased goods on credit to the value of R 500,000 from WoodPeckers (Pty) Ltd. The goods are delivered by WoodPeckers (Pty) Ltd to Ms. Zim, and a copy of the invoice is handed to Ms Zim. Despite requests by WoodPeckers (Pty) Ltd, Ms Zim does not pay or settle the amount. WoodPeckers (Pty) Ltd wants to sue Ms. Zim for the outstanding amount. The company's director approaches you for legal advice or assistance regarding the proceedings to be instituted against Ms. Zim. 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 will be used to institute WoodPeckers (Pty) Ltd's claim. (4) 

 

(b) Discuss whether summary judgment may 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 intention 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. (20) 

 

(e) WoodPeckers (Pty) Ltd requests your advice about a suitable ADR (alternative dispute resolution) mechanism that may be used to resolve the dispute with Ms. Zim expeditiously. Discuss briefly whether arbitration or negotiation is the most suitable ADR mechanism having regard to the given facts and advise WoodPeckers (Pty) Ltd accordingly. (6) 

 

1.2 Discuss the advantages of lawyers using digital resources instead of traditional methods to undertake legal research. (6) 

 

1.3 Critically discuss the role of the Legal Practice Council in regulating the professional conduct of its members in practice.