Enrichment Liability & Estoppel
Circumstances under which the condictio sine causa specialis may be used - correct
answer-* Where a party performs and performance was due at the time it was made, bur
where the causa for the performance has fallen away. In this form the actio is called
condictio ob causam finitam.
* Where the plaintiff's property was alienated or consumed by somebody else
* Where a bank has made payment under a countermanded or forged cheque
* Where the ownership of property has been transferred sine causa to the other party but the
circumstances are such that none of the other condictiones sine causa would lie.
Condictio ob turpem vel iniustam causam - correct answer-This action is generally used
where performance has taken place in terms of an agreement which is void owing to the
illegality of the agreement
Definition of bona file posessor - correct answer-Someone who possesses the goods of
another in good faith in the belief that it belongs to him.
Definition of Enrichment - correct answer-Terms used to decribe the situation which occurs
when one person's estate is increased unjustifiably (not unjustly) at the expense of another.
Definition of Estoppel - correct answer-Estoppel is defined as: Where one person represents
to another that a certain set of facts exists, and the other person, as a result of such
representation, alters his legal position to his detriment, the person making the
representation is precluded or estopped from asserting that a different set of facts actually
exists
Definition of the sine causa requirement - correct answer-Enrichment is unjustified when
there is no sufficient legal ground for the transfer of value from one estate to the other or for
the rentention of such value (in the second estate)
Enrichment may take the form of: - correct answer-1. An increase in the defendant's assest
which would not have occured had the enriching fact not taken place
2 a non-decrease in his or her assets where a decrease would have taken place but for the
enriching fact
3. A decrease in liabilities which woudl not have taken place
4. A non-decrease in liabilities which would have taken place
Exceptions to the rule that the enrichment is to be calculated at the time when the claim is
lodged - correct answer-* From thet moment the defendant becomes aware that he has
been unjustifiably enriched at the expence of another
* From an earlier date if the defendant should have realised that the benefit he or she
received might later prove to constitute an unjustified enrichment
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