Exam (elaborations)
PVL3704 MAY JUNE 2023
- Course
- Institution
- Book
PVL3704 MAY JUNE 2023.
[Show more]
Connected book
Book Title:
Author(s):
- Edition:
- ISBN:
- Edition:
More summaries for
-
EED2601 Assignment 3 2023 (386989)
-
EED2601 Assignment 3 2023 (386989)
-
EED2601 Assignment 3 2023 (386989)
Seller
Follow
GoldenStudent
Content preview
QUESTION 1Discuss the causality (at the expense of requirement) requirement of
enrichment liability. (10)
In South African law, the enrichment liability is governed by the principle of
unjustified enrichment, which requires that enrichment of one party at the expense of
another must be remedied. The causality requirement of enrichment liability refers to
the requirement that there must be a causal link between the enrichment of the
defendant and the corresponding loss suffered by the plaintiff.
In order for a plaintiff to succeed in an enrichment claim, they must show that the
enrichment of the defendant was caused by the corresponding loss suffered by the
plaintiff. This means that the plaintiff must prove that there is a direct connection
between the enrichment of the defendant and the corresponding loss suffered by the
plaintiff.
The causality requirement is important because it ensures that the plaintiff is not able
to recover for a loss that was not directly caused by the defendant's enrichment. This
requirement also ensures that the defendant is not held liable for any losses that
were not caused by their enrichment.
Overall, the causality requirement of enrichment liability ensures that there is a fair
and just remedy for situations where one party has gained at the expense of another.
It ensures that plaintiffs are not able to recover for losses that were not directly
caused by the defendant's enrichment and that defendants are not held liable for
losses that were not caused by their enrichment.
QUESTION 2
In McCarthy Retail Ltd v Shortdistance Carriers CC 2001 (3) SA 482 (SCA) para
[9] the court said: “We now know from the hard print that there is a common-
law basis for the acceptance of a general enrichment action, at least one of a
subsidiary nature. In this respect the decision of the majority in Nortje’s case
Downloaded by: fortunatechando | fortunatechando@gmail.com Want to earn
Distribution of this document is illegal R13,625 per year?
The benefits of buying summaries with Stuvia:
Guaranteed quality through customer reviews
Stuvia customers have reviewed more than 700,000 summaries. This how you know that you are buying the best documents.
Quick and easy check-out
You can quickly pay through credit card or Stuvia-credit for the summaries. There is no membership needed.
Focus on what matters
Your fellow students write the study notes themselves, which is why the documents are always reliable and up-to-date. This ensures you quickly get to the core!
Frequently asked questions
What do I get when I buy this document?
You get a PDF, available immediately after your purchase. The purchased document is accessible anytime, anywhere and indefinitely through your profile.
Satisfaction guarantee: how does it work?
Our satisfaction guarantee ensures that you always find a study document that suits you well. You fill out a form, and our customer service team takes care of the rest.
Who am I buying these notes from?
Stuvia is a marketplace, so you are not buying this document from us, but from seller GoldenStudent. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy these notes for $5.70. You're not tied to anything after your purchase.
Can Stuvia be trusted?
4.6 stars on Google & Trustpilot (+1000 reviews)
56326 documents were sold in the last 30 days
Founded in 2010, the go-to place to buy study notes for 14 years now