DRAFTING OF PLEADINGS: BASIC COMPONENTS OF THE PARTICULARS OF CLIAM

BREACH OF CONTRACT: CLAIM FOR SPECIFIC PERFORMANCE

Component Par Contents Comments

Description Of The 1 The plaintiff Is David DeGea, an adult male The full description of the
Parties person residing 104 Bree street, Cape Town. plaintiff should be given.
This will let the defendant
know the person instituting
the claim

2 The defendant is Manchester Insurance 1. Give the full descriptions

Limited, a company with limited liablility, which of the exact person you
is duly registered and incorporated according to want to sue.
law and has its registered office at 10 Long
Street Cape Town 2. Indicate defendant’s
address. This will ensure
that the summons is
served at the correct
address. It will also
assist in determining
whether the court has
jurisdiction or not.

Jurisdiction Of The 3 The above honourable court has the jurisdiction Indicate the basis of the
Court to determine this matter because the defendant court’s jurisdiction. In this
carries on it business within Cape town. case the court has
jurisdiction because the
defendant carries on its
business within the court’s
area of jurisdiction.
Locus Standi A separate paragraph for
this issue is not necessary
because the locus standi is
apparent in the cause of
action in paragraph 7

Cause Of Action

Conclusion of 4 On or about 18 July 2011 the defendant, 1. In contractual dispute the

Contract represented by its policy manager, Alex cause of action must
Ferguson, and Mary DeGea (“the deceased”) begin with the conclusion
concluded a written contract of life insurance of the contract.
(“the policy”) at its registered office. A copy of
the copy of the policy is attached, marked “A”. 2. Indicate the nature of the
contract, in this case a life
insurance policy.

3. Indicate the parties to the

contact, date of it was
concluded, how it was
concluded, and the place
in was concluded in.

4. Attach a copy of the

contract if it is short
enough. If is a booklet
only include the material
terms of that contract.
Material Terms of the 5 In terms of the policy: Only include the terms that
Contract are directly relevant to the
5.1 The defendant insured the life of the deceased claims in the prayer.
for R750 000,00 (“the sum assured”);

5.2 The deceased was to pay premiums of R750,00

per ,month to the defendant from the date of the
policy until the date of her death; and

5.3 The defendant was to pay the sum assured to

the deceased or her nominee upon her death.

Performance by the 6 The deceased paid all the premiums which fell Performance has to be
creditor due under the policy to the defendant. pleaded as a material fact.

Locus Stand event 7 On 20 December 2012 the deceased ceded her The plaintiff by virtue of this
rights under the policy to the plaintiff. allegation now has an
interest in the matter. DeGea
is using the defendant as
means of enforcing his
rights.

If this allegation is omitted

DeGea has no right to
institute this action.

Fulfilment of condition 8 The deceased died on 13 June 2013. A copy of 1. This fact is essential
necessary for the the death certificate to that effect is attached, because it places the
debtor to be liable for marked “B”. defendant into a position
performance in terms of liability.
of the contract 2. A copy of the death
 certificate is prima facie
proof of death.

9 In these premises the defendant is liable to pay The legal conclusion arising
the sum of R750 000,00 to the plaintiff from the material facts has
to be pleaded.

Breach of Contract 10 Notwithstanding a written demand delivered to A claim for specific

the defendant with copies of the policy, cession performance is complete
and the death certificate on 4 July 2013, the when the debtor fails to
defendant has failed to pay the sum claimed to perform his contractual
the plaintiff. obligations

Compliance with The law requires that a letter

procedural of demand must be
requirements delivered to the defendant
before the action is
instituted. A separate
paragraph is not necessary
in this case because
compliance of the letter of
demand requirement is
apparent from paragraph 10.

Prayer/ Relief Wherefore the plaintiff claims judgment against Interest must be claimed in
Sought the defendant for: order to compensate the
plaintiff for the opportunity
(a) Payment of the sum of R750 000,00 costs incurred as result of
non-performance by the
(b) Interest on the sum R750 000,00 at the rate defendant.
prescribed by the applicable legislation from the
4 July to date of payment
Do not forget that the
(c) Costs of Suit defendant is liable for the
costs the plaintiff incurred
when enforcing his rights in
terms of the policy.