PVL3704 UNJUSTIFIED ENRICHMENT
LIABILITY AND ESTOPPEL - CONDICTIO
INDEBITI
Condictio indebiti in SA Law - correct answer-1. Remedy based on unjustified enrichment.
2. Person reclaims performance rendered under an excusable mistake that was not owing
i.t.o. the remedy.
3. Unowed performance may in certain circumstances be reclaimed from a party other than
the actual recipient thereof.
4. Reclamataion depends on who the law regards as being the actual recipient of the value
transferred.
Defence can be raised - correct answer-He / She has lost or alienated the thing
or that the loss after he/she became aware of his / her obligation was not his or her fault.
Has to restore as much of the value of the thing as still remained in his / her estate.
Enriched party's defence of non-enrichment - correct answer-King Case. Once undue
payment has been made, the receiver has to prove the circumstances that will relieve him or
her of the obligation to repay. Plaintiff can claim the maximum amount of enrichment, but the
defendant can claim that his or her enrichment has lessened, or has even completely fallen
away, provided that the rules in respect of default (mora) are not applicable.
error of law or error of fact - correct answer-enriched party only falls into mora at the time
when the impoverished party demands payment from the enriched party.
One can only succeed with the condictio indebitit if the relevant error is a mistake of fact. If
plaintiff acted under a mistake of law the action was not available to him or her.
excusable mistake - correct answer-impoverished party must prove that the payment was
made by mistake and that the mistake was an excusable one.
If impoverished party knew that the payment was not owing, it is assumed that the intention
had been to make a donation and therefore performance cannot be reclaimed.
Exception - when payment is made under duress and protest.
factum - correct answer-SERVICE RENDERED
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