PVL3704 PORTFOLIO MEMO - OCT./NOV. 2023 - SEMESTER 2 - UNISA - DUE 30 OCTOBER 2023 - DETAILED ANSWERS WITH FOOTNOTES & BIBLIOGRAPHY- DISTINCTION GUARANTEED!
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PVL3704 PORTFOLIO MEMO - OCT./NOV. 2023 - SEMESTER 2 - UNISA - DUE 30 OCTOBER 2023 - DETAILED ANSWERS WITH FOOTNOTES & BIBLIOGRAPHY- DISTINCTION GUARANTEED!
QUESTION 1
Write a critical discussion on the existence of a general enrichment action in South African law. (15)
QUESTION 2
Company A...
question 1 write a critical discussion on the exis
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PVL3704
Enrichment Liability and Estoppel
PORTFOLIO MEMO
SEMESTER 2 - 2023
UNIQUE NUMBER: -
Due date: - 30 October 2023
Includes Footnotes and/or Bibliography
QUESTIONS – SEE PAGE 1
INCLUDES FOOTNOTES & BIBLIOGRAPHY
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Write a critical discussion on the existence of a general enrichment action in South
African law. (15)
Generally in South African our law has not clearly and unambiguously answered the
thorny question whether a general enrichment action exists. Some judgments create the
impression that they is a general enrichment action, whereas others are contrary to this
view. In Nortje & Ander v Pool NO 1966 the Appellate Division held that our law
recognized neither an all-embracing general enrichment action nor any subsidiary general
enrichment action. The effect of this decision has been summarized as that;
Classical Roman-Dutch principles by old writers are still applicable
Our courts recognize ad hoc extensions of enrichment liability where appropriate
Ad hoc extensions are available where traditional actions are not available
General enrichment actions as set out by De Vos are applicable to the ad hoc
extensions of enrichment actions but in specific circumstances.
However it is important to take note of recent judgments such as the McCarthy Retail Ltd
v Shortdistance Carriers where the court accepted that there has been no unequivocal
recognition of a general enrichment action but that unjustified enrichment principles have
been treated as a source of creating a new class of liability. The court has also said no
specific case has arisen where the court may be forced to adopt a general enrichment
action into South African law.
In First National Bank v Perry NO the court said a lot of time is spend trying to identify the
correct condictio and every time everyone makes mistake therefore the adoption of a
general action might help remedy the situation, by focusing on the requirements for
enrichment rather than on the definition and application of old actions. In Kudu Granite
Operations (Pty) Ltd v Caterna Ltd the court said they is a shift towards the adoption of a
general enrichment action.
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