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PVL3704 Exam Pack 2023
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PVL3704 Exam Pack 2023
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1PVL3704 Exam Pack 2023
PVL3704
MAY/JUNE 2019
SECTION A
1. 2 (p2)
2. 2
3. 1 (p7)
4. 4
5. 4 (p73)
6. 2 (p73)
7. 3 (p72/73)
8. 3 (p21)
9. 2 (p26)
10. 5 (p131)
11. 5 (p11)
12. 1 (p11)
13. 2 (36/42)
14. 5 (p70)
15. 5 (p70)
16. 5 (p17)
17. 4 (p24)
18. 3 (p20/21)
19. 3 (p38)
20. 1 (p44)
21. 1 (p49)
22. 4 (p58)
23. 2 (p31)
24. 5
25. 2
, 2
SECTION B
QUESTION 1
The plaintiff is allowed to claim the amount he has been impoverished, or the amount
the defendant has been enriched, whichever is the lesser. The quantum of the
enrichment claim is calculated at the time the claim is instituted. The defendant is not
liable for benefits that he due to his enrichment could have gained, but didn’t. It must as
well be noted that if the defendant’s enrichment has been reduced or extinguished
before the claim has been instituted, his liability will also be reduced or extinguished.
The onus to prove non-enrichment lies with the defendant. In four instances the
quantum will be calculated sooner, meaning before the date of institution of the action:
a. At the moment the defendant become aware of enrichment;
b. At an earlier stage if the defendant should have known that the benefit wasn’t
justified;
c. When the defendant fell into mora; and
d. An earlier date if the defendant acted mala fide.
It must be noted that these exceptions do not apply in the case of minors.
In quantifying the claim all positive and negative side-effects should be taken into
account. Interest earned on money in the hands of the defendant before litis contastio
cannot be claimed by the plaintiff, but after mora the plaintiff can claim mora interest.
If the defendant spent the money on something he would not have done if it wasn’t for
the enrichment, he can raise the defense of non-enrichment.
If all or part of what he spent the money on is still of value and in his hands, he must
offer the goods or the value of the goods to the plaintiff. If the goods are more valuable
than the impoverishment, the difference should be paid to the defendant.
, 3
QUESTION 2
They could institute the condictio indebiti, which is used to reclaim unowed
performance:
Requirements
i. Transfer of ownership
ii. Payment under the impression that it was owing (error which is excusable)
iii. No debt at the time
The parties can claim the thing and compensation for performance, they can also
reclaim the value.
Willis case: company made an unowed payment to the defendant as a result of an error
of law – don’t distinguish between an error of law and error of fact.
Reasonableness: can the plaintiff’s mistake still be reasonable even if it was made
negligently? (No gross negligence)
VOID CONTRACTS
If both parties performed in terms of a void contract = reclaim performance
• Plaintiff prove: he made the performance in the mistaken belief that the contract
was valid/reasonable error and it was an error of fact or law
• If he knew that the contract was void and wanted to recover performance –
(condictio causa data).
Alienation of Land Act – s28
If the deed of alienation is void:
Buyer can recover interest and compensation for improvements
, 4
Seller can get compensation for use and enjoyment of the property, get compensation
for intentional or negligent damage to the property.
If the deed doesn’t comply with s2 = void.
He could also exercise a lien for the improvements made to the property:
Enrichment lien: creates Real rights, which are operative against the whole world – the
lien provides real security. (Must prove enrichment)
A is also a bona fide possessor (define):
Types of improvements:
• Necessary: preserve the property = claim FULL AMOUNT
• Useful: enhance the market value of the property
• Luxurious: based on the fancy of a certain individual – it might enhance the
value of the property = look at the type of improvement….
QUESTION 3
Theories of contractual liability:
• • According to the consent theory, the basis of the contract is the consent or
agreement between the parties. (1)
• • According to the declaration theory, the basis of a contract consists of
corresponding statements or expressions of intent, and not necessarily the presence of
actual consent. (1)
• • According to the reliance theory, the basis and contents of a contract are
constituted by the reasonable reliance that is the impression or understanding of the
one party's intention, which is formed by the other party. (1)
In a few cases the court was inclined, in principle, to accept estoppel as a means to
hold parties to a ``contract'' in the absence of real consensus. (1)
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