Contains NEW frequently asked MCQ Questions and Answers from Past Exam Papers and Assignments - Answers supported by references. Helps you see what questions are likely to be asked, and how to answer them.
Choose the most correct option in every instance . If there is more than one correct
option, choose the appropriate combined option.
Question 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.
Answer: These questions deal with the condictio indebiti and its requirements. The claim
cannot be delictual because A's misrepresentation was innocently made. The claim can also
not be based on the contract, because there had already been payment which extinguished
the duty to pay in terms of the contract.
Next evaluate the answers against the requirements of the condictio indebiti. Here the one
party made a bona fide payment that was not owing and under circumstances that was
excusable, partly because the mistake was induced by A's misrepresentation.
Question 1
Which statement best explains the nature of the claim against A?
1. B has a claim against A based on delict for a fraudulent misstatement.
2. B has contractual claim against A based on their contract.
3. B has an enrichment claim against A based on the condictio causa data causa non secuta.
4. B has an enrichment claim against A based on the condictio indebiti.
5. B has no claim against A because he paid the amount voluntarily.
6. B has an enrichment claim against A based on the actio negotiorum gestorum utilis.
Question 2
Answer: A's enrichment took place at the expense of B because B was the person who in
law is regarded as the person who made the payment, even if C physically made the
payment. At the time of the payment, the duty to pay had already been extinguished – the
payment therefore cannot be in terms of the agreement, even if B thought so. The
enrichment is not unlawful because B's conduct was not delictual in nature. The bank made
payment in terms of its agreement with B and is therefore entitled to debit B's account.
Accordingly it was not impoverished. Consider whether all of the other requirements for
enrichment liability and the condictio indebiti have been complied with.
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