Enrichment Liability and Estoppel
Assignment 2
Super semester
2021
,Table of Contents
Page 1 Cover Page
Page 2 Table of contents
Page 3 Layout
Page 4 Questions to be Answered
Page 5 Answers to the Questions
Page 6 Answers to the Questions (continued)
Page 7 Answers to the Questions (continued)
,Layout
!. Question number
2. ANSWER TO THE QUESTION
3. Explanation
4. Further information (page number of study guide)
, Questions to be Answered
Questions 1 to 3.
The following facts are relevant for questions 1 to 3.
A has demanded payment from B of an amount of R50,000 which he believes B is owing. B has checked its records and has paid the
amount in the bona fide belief that the amount is owing 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 in to 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.
Q1
Which statement best explains the nature of B’s claim against A?
Q2
Which statement regarding the requirements for an enrichment action is correct?
Q3
Which statement best explains the calculation of the enrichment claim?
Q4
In order to be successful with a claim based on the condictio indebiti, the plaintiff must prove the following fact(s) or requirement(s):
Q5
In which one of the following circumstances can the condictio indebiti be used?
Question 6-7
The following facts are relevant for Question 6 and 7.
X has concluded a contract with Y to build a tennis court at a cost of R40,000 on the property it is renting from Z in Pretoria. It can be
shown that the value of the property has increased by R20,000 due to the improvement. X has disappeared before paying Y for the
work done. Y now wants to lodge a claim against Z, the owner of the property.
Q6
Which statement best explains the ground on which and the amount that Y can claim?
Q7
Which statement best explains the authority on which you based your answer in question 6?
Q8
G has noticed that his neighbour's (H) stud bull is seriously ill. The neighbour is currently on a hiking trip in Nepal and cannot be
reached. G has called out a veterinary doctor to attend to the bull and has paid all his bills as well as for the medication. The total cost
was R12,000. Despite the treatment the bull has died. Which statement best explains the basis of G's possible claim against H?
Q9
G has noticed that his neighbour's (H) stud bull is seriously ill. The neighbour is currently on a hiking trip in Nepal and cannot be
reached. G has called out a veterinary doctor to attend to the bull and has paid all his bills as well as for the medication. The total cost
was R12,000. Despite the treatment the bull has died. G is a meddlesome neighbour and H has previously warned him not to do
anything on his farm under any circumstances, but rather to call K, if G should notice any problem. G did not bother to call K. Which
statement best explains the basis of G's possible claim against H?
Q10
Which statement correctly explains the possession or occupation of another's property?
