Question 1 Discuss in general (without reference to a specific enrichment
action) how the extent of enrichment liability (or the quantum of the
enrichment claim) will be calculated. (10)
Question 2 A has demanded payment from B of an amount of R50,000 which
he believes B is owing. B has checked his records and has paid the amount in
the bona fide belief that the amount is owed in terms of their contract.
Unbeknown to B, his bookkeeper, 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 realising that his account was in
credit. Discuss whether B has a claim against A and, if so, how much he may
claim. (10)
Question 1: Discuss in general (without reference to a specific
enrichment action) how the extent of enrichment liability (or the
quantum of the enrichment claim) will be calculated. (10)
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