Marking exams … part 3

Well, I finished marking my batch of Foundations exams early this morning and will enter the marks later today.  On the whole people did ok.  Quite a few people struggled with the compulsory question, at least more than I expected.

By far the least attempted question was question 2 dealing with the Roman law of contracts, as opposed to our generic law of contract.  I think that was a tough one to really answer well so kudos to those who answered the question.  The most popular elective question was probably question 5 on the similarities and differences between commodatum and mutuum.  People who answered this question generally did a decent job with it.

So, barring a couple deferred exam papers which I may have to mark, this pretty much brings my involvement in Foundations to an end.  Thanks to all of you who attended my classes and took an interest.  I hope I added something of value to your experience at Wits and wish you all the best for your years ahead!

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Marking exams … part 2

I am still wading through all the papers.  One thing that makes a huge difference when marking a paper is when the paper is written legibly.  There are few things worse than working through exam paper number 43 and the handwriting is so difficult to read it looks better upside down and reflected in a mirror.  So although I won’t be lecturing in 2007, I am making a plea on behalf of other lecturers who have experienced the same thing I have:

        Please write legibly!  Slow down a little and form your words fully and carefully!

Yikes.

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Marking exams … part 1

Well, the Foundations exam was yesterday and I have all 118 exam scripts from my class (I am sure I don’t have 118 students in my class) on my desk in front of me.  I thought I’d sort them first before I start marking the papers and that is a process in and of itself!  One thing I can’t get over is how sticky those flaps are.  Jeez those things are really stuck down!

Anyway, the marks are supposed to be entered by next Friday so this next week is going to be pretty intense.  I hope you all walked away from the exam feeling ok about it.  Good luck for the rest of your exams and enjoy the holiday afterwards (lucky fish!  I don’t even remember what it is like to have such a long break).

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Special plea example

Taryn, the tutor for the Thursday groups, made a precedent of a special plea available to the Monday class last week.  Here is her example of how to plead the special plea.  Please bear in mind that the court header and all the usual stuff must still be included.  The following allegations are just the allegations that must be made to constitute a special plea:

Defendant’s special plea

  1. Plaintiff’s claim is based on a contract which was concluded on [date]. On that date, plaintiff’s claim fell due.
  2. Plaintiff’s summons was served on defendant on [date], which is more than three years after the date on which the claim arose.
  3. In the premises, plaintiff’s claim is prescribed in terms of section 11 of Act 68 of 1969.

WHEREFORE defendant prays that plaintiff’s claim be dismissed with costs.

Replication

  1. Plaintiff admits the allegations in paragraphs 1 and 2 of defendant’s special plea, but alleges that, on [date], defendant wrote a letter to plaintiff in which he acknowledged his indebtedness to plaintiff.
  2. In terms of section 14 of Act 68 of 1969, the running of prescription was interrupted by this acknowledgement.
  3. In the premises, plaintiff denies that his claim has prescribed.

    WHEREFORE plaintiff persists in his claim.

Replication

Plaintiff admits the allegations in paragraphs 1 and 2 of defendant’s special plea, but alleges that:

(a)

plaintiff attained his majority on [date] – that is, less than one year prior to the service of summons upon defendant;

(b)

in terms of section 13 of Act 68 of 1969, the completion of prescription is delayed until one year after the date on which plaintiff ceased to be a minor.

WHEREFORE plaintiff persists in his claim.

This example incorporates a replication to the special plea as well.

Important notice: Civil Procedure tutorials for the Monday class

Taryn Hinton, the other tutor, is going to cover for me on Monday, 2 October so if you usually go to that tutorial, please attend on Monday in the usual venue.

The topic will probably be special pleas and maybe a bit of revision.

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