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  5. PVL3704 - Enrichment Liability And Estoppel (PVL3704)

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PVL3704 Assignment 01 Semester 2 2022
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PVL3704 Assignment 01 Semester 2 2022. A owns a factory manufacturing steel in a continuous process. His monthly electricity bill averages R100 000. He just received a letter from the Johannesburg Municipality in which they threaten to cut his electricity if he doesn’t immediately pay his “a...

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  • August 8, 2022
  • 5
  • 2022/2023
  • Exam (elaborations)
  • Questions & answers

Subjects

  • pvl3704
  • pvl3704 enrichment liability and estoppel
  • enrichment liability and estoppel
  • pvl3704 assignment 01 semester 2 2022
  • pvl3704 assignment 01 semester 2

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PVL3704
Assignment 01
Semester 2 2022
Due 19th of
August 2022

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QUESTION 1

A owns a factory manufacturing steel in a continuous process. His monthly electricity bill
averages R100 000. He just received a letter from the Johannesburg Municipality in which
they threaten to cut his electricity if he doesn’t immediately pay his “arrear account of
R300 000”. A knows that there must be a mistake because his account is paid in full, but
also knows that if there is a disruption in his electricity supply, he will suffer severe losses.
He pays the amount immediately and sends a letter of complaint with. Advice A whether
he will be able to reclaim the R300 000 he paid, and with which remedy? In your answer
discuss the requirements for this remedy.



(a) Identifying the correct action:

The correct action to be instituted by A is the condictio indebiti. This action is available in
instances where a debt not owing was paid. Incidentally no unlawful, ultra vires or void
contract is relevant here and therefore it seems as if no other condictiones could be
applicable.




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