Pvl 3704 - Study guides, Class notes & Summaries

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) Answer In principle the plaintiff is allowed to claim the amount he has been impoverished, or the amount by which the defendant has been enriched, whichever is the lesser. (1) See Study Guide 1, pars 1.1.4 and 2.3. The quantum of the enrichment claim is calculated at the time the claim is instituted. (1) ...

Exam Notes - PVL 3704 UNJUSTIFIED ENRICHMENT LIABILITY STUDY UNIT 1 - Overview Explain why there is a need for unjustified enrichment liability in any developed system of law? Liability for enrichment is necessary in any developed legal system. There are cases in which one person obtains assets belonging to another person in circumstances where there are no grounds for the transfer of such assets and where there is nothing to justify their retention by the receiver. Example 1: In accordan...

Tutorial Letter 201/1/2008 Choose the most correct option in every instance . If there is more than one correct option, choose the appropriate combined option. Question 1 to 3. The following facts are relevant for questions 1 to 3. A has demanded payment from B of an amount of R50,000 which he believes B is owing. B has checked its records and has paid the amount in the bona fide belief that the amount is owing in terms of their contract. Unbeknown to B, his bookkeeper, C h...

This is 100% mark script of Assignment No. 1 of Semester 1 of 2024 for PVL 3704 (Law of Unjustified Enrichment and Estoppel)

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PVL3704 - Enrichment Liability And Estoppel Assignment 02 Solutions

PVL3704 MCQ – Exam Prep Question 1 to 3. The following facts are relevant for questions 1 to 3. A has demanded payment from B of an amount of R50,000 which he believes B is owing. B has checked its records and has paid the amount in the bona fide belief that the amount is owing in terms of their contract. Unbeknown to B, his bookkeeper, C had already paid the amount a week earlier by way of an electronic funds transfer in to the account of A. At the time of the second payment A's accou...

PVL 3704 Exam MCQ_

) Identifying the correct action The correct action to be instituted by A is the condictio indebiti. This action is available in instances where a debt not owing was paid. (1) Incidentally no unlawful, ultra vires or void contract is relevant here and therefore it seems as if no other condictiones could be applicable. (1) (b) Requirements for the action and defences against it See Study Guide 1, par 3.4 for the requirements. State each of the requirements: (i) Transfer of ownership in the...