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PVL3704 - ASSESSMENT 02

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THIS DOCUMENT CONTAINS A WELL-STRUCTURED AND RESOURCEFUL INFROMATION THAT WILL BE USEFUL TOWARDS THE STUDY OF THE MODULE PVL3704 IN ORDER TO PASS THE MODULE.

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  • May 3, 2023
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1  review

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By: mulwelir99 • 1 year ago

There’s no information. This guy is a crook

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By: keletsocholo • 1 year ago

That’s a multiple choice quiz stop bad mouthing my work and next time skip my profile don’t look into my things.

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Question 1
Correct
In which one of the following circumstances can the condictio indebiti be used?
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a. Where a bank has made payment in terms of a countermanded cheque.

b. Where a party knowingly makes a payment that is not due, but under duress and protest.

c. Where a contract is rescinded due to a breach of contract.

d. Where a party has made an undue payment in terms of an illegal contract.

e. Where a party has made payment which is due but where the cause for the payment later falls away.




Question 2
Incorrect
G has noticed that his neighbour's (H) stud bull is seriously ill. The neighbour is currently on a hiking trip in Nepal and cannot be reached. G has called out a veterinary doctor to attend to the bull and has paid all his bills as we
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any circumstances, but rather to call K, if G should notice any problem. G did not bother to call K.
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Which statement best explains the basis of G's possible claim against H?



a. G has no claim against H because the bull has died and the expenses have been wasted.

b. G has an enrichment claim against H for his expenses as necessary expenses.

c. G has a claim against H in terms of the actio negotiorum gestorum contraria for R12,000.

d. G has a claim against H in terms of the actio negotiorum gestorum utilis for R12,000.

e. G's claim against H in terms of the actio negotiorum gestorum contraria will fail because the bull died.




Question 3
Correct
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. Unbekno
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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 ac
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Which statement regarding the requirements for an enrichment action is correct?



a. A has been enriched at the expense of B.

b. A has been enriched at the expense of C, who made the payment.

c. A's enrichment is not unjustified as there was a contract between A and B.

d. A's enrichment is unlawful because he made a demand for payment at a time that it was not

due.

e. B has been impoverished at the expense of the bank.




Question 4
Correct
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. Unbekno
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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 ac
2.00
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.




Question 5
Correct
X has concluded a contract with Y to build a tennis court at a cost of R40,000 on the property it is renting from Z in Pretoria. It can be shown that the value of the property has increased by R20,000 due to the improvement. X
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2.00 Which statement best explains the ground on which and the amount that Y can claim?



a. Y has an enrichment claim against Z for an amount of R40,000.

b. Y has an enrichment claim against Z for an amount of R20,000.

c. Y has a contractual claim against X for R40,000.

d. Y has an enrichment claim against Z for R40,000.

e. Y has an enrichment claim against X for R 20,000.




Question 6
Correct
Which statement correctly explains the possession or occupation of another's property?
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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.

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