Assignment 01
Semester 2 2022
Due 19th of
August 2022
, Stuvia.com - The Marketplace to Buy and Sell your Study Material
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.
Downloaded by: STUDYLAB2022 |
Distribution of this document is illegal