PVL3704 - Enrichment Liability And Estoppel (PVL3704)
Exam (elaborations)
PVL3704 ASSIGNMENT 02 100% SOLUTIONS ( QUIZZ)
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Course
PVL3704 - Enrichment Liability And Estoppel (PVL3704)
Institution
University Of South Africa (Unisa)
THE DOCUMENT CONTAINS ANSEWED MCQ FOR PVL3704 ASSIGNMENT O1 FOR SEMESTER ONE 2023. QUESTIONS DO NOT CHANGE SO USE THIS GUIDELINES BASED ON 100% FEED BACK TO BOOST YOUR YEAR MARK.
Started on Sunday, 23 April 2023, 2:17 PM
State Finished
Completed on Sunday, 23 April 2023, 2:20 PM
Time taken 2 mins 38 secs
Marks 20.00/20.00
Grade 100.00 out of 100.00
Question 1
Correct
Mark 2.00 out of 2.00
Which statement correctly explains the possession or occupation of another's property?
a. A bona fide occupier is someone who lawfully occupies the immovable property of another person.
b. A bona fide occupier is someone who lawfully occupies the immovable property of another person as if he is the owner thereof.
c. A bona fide possessor is someone who lawfully occupies the property of another person as if he is the owner thereof.
d. A bona fide possessor is someone who unlawfully occupies the property of another person as if he is the owner thereof.
e. A mala fide possessor is someone who unlawfully occupies the property of another person temporarily as if he is entitled to occupy
the property as a lessee.
Your answer is correct.
A bona fide occupier's possession is always unlawful. A possessor always occupies as if it is the owner, not as a lessee.
The correct answer is:
A bona fide possessor is someone who unlawfully occupies the property of another person as if he is the owner thereof.
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
Dashboard
in / Courses
the bona fide / the
belief that UNISA / 2023
amount / Semester
is owing in terms 1of /their
PVL3704-23-S1 / Welcome
contract. Unbeknown to B,Message / Assessment
his bookkeeper, 2
C had already paid the amount
a week earlier by way of an electronic funds transfer into the account of A. At the time of the second payment A's account was overdrawn in
the amount of R30,000 and was therefore in credit of R20,000 after the payment. A has taken R15,000 out of his account to pay
his employees their monthly wages. He has also paid R10,000 for a luxury weekend after realizing that his account was in credit.
Which statement best explains the nature of B’s claim against A?
a. B has a claim against A based on delict for a fraudulent misstatement.
b. B has contractual claim against A based on their contract.
c. B has an enrichment claim against A based on the condictio causa data causa non secuta.
d. B has an enrichment claim against A based on the condictio indebiti.
e. B has no claim against A because he paid the amount voluntarily.
Your answer is correct.
These questions deal with the condictio indebiti and its requirements. The claim cannot be delictual because A's misrepresentation was
innocently made. The claim can also not be based on the contract, because there had already been payment which extinguished the duty to
pay in terms of the contract. Next evaluate the answers against the requirements of the condictio indebiti. Here the one party made a bona
fide payment that was not owing and under circumstances that were excusable, partly because the mistake was induced by
A's misrepresentation.
The correct answer is:
B has an enrichment claim against A based on the condictio indebiti.
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