PVL3704 - Enrichment Liability And Estoppel (PVL3704)
Institution
University Of South Africa (Unisa)
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PVL3704 - Enrichment Liability And Estoppel (PVL3704)
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COMMON PVL3704 MARKS MAY 2012 may 2013 NOV 2014 MAY 2015 NOV 2015 MAY 2016 NOV 2016 MAY 2017 NOV 2017 MAY 2018 NOV 2018
C steals a cheque from D and forges it with E as the payee. C agrees
with E that E will deliver R100 000 worth of goods to C as soon as the
amount has been deposited into his bank account. C deposits the
cheque with F, E’s bank in favour of E. The cheque is honoured and the
money paid from D's account. F credits E’s account with the amount. By a
the time that D finds out that the cheque has been stolen, E has already
released the goods to C and has also spent R50 000 of the money.
Advise D whether he has an enrichment claim against either E or F, and
if so the nature and requirements for that action. Advise D also
1 regarding the extent of the claim. 15
A buys B’s townhouse for an amount of R1000 000. The parties are in
full agreement as to all the aspects of the contract, but A forgets to sign
the contractual documents. A pays B a deposit of R100 000 and moves
into the townhouse. He also pays B an amount of R5 000 per month as
occupational rent pending transfer of the property into his name, as per a a
their agreement. A’s children cause damage in the amount of R10 000
to the townhouse while having a party one night. After three months A
realises that he will not be able to afford the bond on the property
because of rising interest rates and he approaches you for legal advice.
The property has not yet been registered in A’s name. Advise A on the
2 rights and duties of the parties arising in the circumstances. 10
A has sold his television set to B for R2 000. The contract stipulates that
ownership will only pass to B after the last instalment has been paid. A
has given a letter to B stating the following: “Herewith I, A, confirm that
I have sold Sony TV set No 123321 to B.” After a period of six months
and payment of R1 200 B wants to sell the set to C and shows C the
a a
letter from A. C who is very cautious, first phones A who again confirms
the sale to B. C buys the set from B for R1 500. Thereafter B fails to
make any further payments to A. A now claims back his TV set from C
with a rei vindicatio. Advise A whether C may have any possible
3 defences against this claim, and if so, what the requirements would be. 15
4 Write brief notes on the following: a
4.1 Estoppel and representation in terms of mandate. (5) 5 a
4.2 Estoppel and the conclusion of a contract. (5) 5 a awith examples
Discuss the nature and extent of enrichment actions without reference
to any specific action 10
a a
Discuss with reference to case law whether a general enrichment action
exists in SA 15
a a
C has paid D R30 000 by cheque -A day later she instructs her bank , E to
countermand the chequ. Despite the countermand E pays the cheque to
D when he presented the cheque and debited C's account - Advice C
a a a
and E about the validity of the debit and whether either of them has an
enrichment claim against D- Refer to case law 10
Write a critical discussion of whether patrimonial loss is a requirement
in SA law of estoppel with ref to case law 10
a a a
A takes his car to B who sells 2nd hand cars to have the car valued. The
registration papers are in the car. The car is parked on the showroom
floor where it is left for 3 days. During this period one of the staff X who
believed the vehicle was for sale, sold the car to C for cash. A now
a a a a a
claims the vehicle from C with rei vindicatio. Advise C fully with
reference to case law 15
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