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PVL_3704_Ass_1_and_2_Guideline_Semester_1

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PVL_3704_Ass_1_and_2_Guideline_Semester_1_ PVL 3704 ASSIGNMENT 1; UNIQUE NUMBER: SEMESTER 1 Question 1 Discuss the general requirement that the defendant’s enrichment must have been at the expense of the plaintiff. Refer in your answer to case law. (15) Answer See your Study guide par 2....

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  • September 13, 2022
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  • 2022/2023
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PVL_3704_Ass_1_and_2_Guideline_Semester_1_

, PVL 3704
ASSIGNMENT 1; UNIQUE NUMBER: 593745
SEMESTER 1



Question 1

Discuss the general requirement that the defendant’s enrichment must have been at the
expense of the plaintiff. Refer in your answer to case law. (15)

Answer

See your Study guide par 2.2.3 p 17-20

(a) Discussion of the causal link requirement and provision of relevant examples. (2)

(b) Discussion of indirect enrichment problem

(i) Explanation of the problem (2)
(ii) De Vos’ view (2)
(iii) Discussion of Gouws v Jester Pools case (2)
(iv) Discussion of Buzzard Electrical case (2)
(v) Discussion of the retention issue and Brooklyn House Furnishers case (2)
(vi) Discussion of Hubby’s Investment case and ABSA Bank v Stander (3)
(vii) Motivated exposition of your own view (2)

[max 15]




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