Exam (elaborations)
PVL3704 Assignment 1 (COMPLETE ANSWERS) Semester 2 2024 - DUE 15 August 2024
- Course
- Institution
- Book
PVL3704 Assignment 1 (COMPLETE ANSWERS) Semester 2 2024 - DUE 15 August 2024
[Show more]
Connected book
Book Title:
Author(s):
- Edition:
- ISBN:
- Edition:
More summaries for
-
PVL3704 ASSIGNMENT 3 [COMPLETE ANSWERS] SEMESTER 2 2024
-
PVL3704 ASSIGNMENT1[COMPLETE ANSWERS] SEMESTER1 2024
-
PVL3704 Assignment 1 (COMPLETE ANSWERS) Semester 2 2024 - DUE 15 August 2024 100% satisfaction guarantee
Seller
Follow
THEBLAZE1
Reviews received
Content preview
P, VL3704 Assignment 1 (COMPLETE ANSWERS) Semester 2 2024
- DUE 15 August 2024 ; 10 0
Question 1 Discuss in general (without reference to a specific enrichment
action) how the extent of enrichment liability (or the quantum of the
enrichment claim) will be calculated. (10)
To discuss how the extent of enrichment liability or the quantum of an enrichment
claim is calculated, consider the following general principles:
1. Principle of Unjust Enrichment: The calculation of enrichment liability is
based on the principle that a person who has been unjustly enriched at the
expense of another must make restitution. This involves assessing the
benefit received by the enriched party and determining how much should be
returned to the claimant.
2. Measure of Enrichment: The extent of enrichment is typically measured by
the value of the benefit that the enriched party received. This can include
tangible or intangible benefits, such as money, services, or other resources.
The measure is often the market value of the benefit or the value that the
enrichment would have had in the absence of the unjust enrichment.
3. Loss to the Claimant: The claim for enrichment is assessed by considering
the loss suffered by the claimant. The calculation involves determining the
financial or material disadvantage experienced by the claimant due to the
enrichment of the other party.
4. Benefit-Derived Approach: In some cases, the enrichment is measured by
the benefit derived by the enriched party. This involves evaluating the
advantage that the enriched party has gained from the enrichment and how it
has enhanced their position.
5. Restitutionary Value: The amount of restitution may be calculated based
on the restitutionary value, which is the value of the benefit conferred on the
enriched party, less any costs or expenses incurred in conferring that benefit.
6. Fairness and Equity: The calculation also considers fairness and equity.
The court may adjust the quantum of the claim to ensure that the restitution
is just and reasonable, taking into account the circumstances of both parties.
7. Precedents and Legal Principles: Jurisdictions may have specific legal
principles or precedents that guide the calculation of enrichment claims.
These can influence how the extent of liability is determined.
8. Adjustments for Benefits Already Returned: If the enriched party has
already returned part of the benefit or compensated the claimant in some
way, this may be taken into account in calculating the remaining liability.
The benefits of buying summaries with Stuvia:
Guaranteed quality through customer reviews
Stuvia customers have reviewed more than 700,000 summaries. This how you know that you are buying the best documents.
Quick and easy check-out
You can quickly pay through credit card or Stuvia-credit for the summaries. There is no membership needed.
Focus on what matters
Your fellow students write the study notes themselves, which is why the documents are always reliable and up-to-date. This ensures you quickly get to the core!
Frequently asked questions
What do I get when I buy this document?
You get a PDF, available immediately after your purchase. The purchased document is accessible anytime, anywhere and indefinitely through your profile.
Satisfaction guarantee: how does it work?
Our satisfaction guarantee ensures that you always find a study document that suits you well. You fill out a form, and our customer service team takes care of the rest.
Who am I buying these notes from?
Stuvia is a marketplace, so you are not buying this document from us, but from seller THEBLAZE1. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy these notes for $2.50. You're not tied to anything after your purchase.
Can Stuvia be trusted?
4.6 stars on Google & Trustpilot (+1000 reviews)
78252 documents were sold in the last 30 days
Founded in 2010, the go-to place to buy study notes for 14 years now