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PVL3704 Assignment 1 (COMPLETE ANSWERS) Semester 2 2024 - DUE 15 August 2024
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PVL3704 Assignment 1 (COMPLETE ANSWERS) Semester 2 2024 - DUE 15 August 2024
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P, VL3704 Assignment 1 (COMPLETE ANSWERS) Semester 2 2024
- DUE 15 August 2024 ; 10 0
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)
To discuss how the extent of enrichment liability or the quantum of an enrichment
claim is calculated, consider the following general principles:
1. Principle of Unjust Enrichment: The calculation of enrichment liability is
based on the principle that a person who has been unjustly enriched at the
expense of another must make restitution. This involves assessing the
benefit received by the enriched party and determining how much should be
returned to the claimant.
2. Measure of Enrichment: The extent of enrichment is typically measured by
the value of the benefit that the enriched party received. This can include
tangible or intangible benefits, such as money, services, or other resources.
The measure is often the market value of the benefit or the value that the
enrichment would have had in the absence of the unjust enrichment.
3. Loss to the Claimant: The claim for enrichment is assessed by considering
the loss suffered by the claimant. The calculation involves determining the
financial or material disadvantage experienced by the claimant due to the
enrichment of the other party.
4. Benefit-Derived Approach: In some cases, the enrichment is measured by
the benefit derived by the enriched party. This involves evaluating the
advantage that the enriched party has gained from the enrichment and how it
has enhanced their position.
5. Restitutionary Value: The amount of restitution may be calculated based
on the restitutionary value, which is the value of the benefit conferred on the
enriched party, less any costs or expenses incurred in conferring that benefit.
6. Fairness and Equity: The calculation also considers fairness and equity.
The court may adjust the quantum of the claim to ensure that the restitution
is just and reasonable, taking into account the circumstances of both parties.
7. Precedents and Legal Principles: Jurisdictions may have specific legal
principles or precedents that guide the calculation of enrichment claims.
These can influence how the extent of liability is determined.
8. Adjustments for Benefits Already Returned: If the enriched party has
already returned part of the benefit or compensated the claimant in some
way, this may be taken into account in calculating the remaining liability.
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