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PVL3704 | Assignment 1 | Semester 1 | 12th March 2024 (Footnotes and Bibliography)
, PVL3704 | Assignment 1 Semester 1 2024 | 674410 | Due: 15th March 2024
Footnotes and Bibliography Included!
PVL3704
Assignment 1
Semester 1
Due 15th March 2024
Footnotes and Bibliography Included
PVL3704 Assignment 1 Due 15th March 2024 Answers. Accurate and reliable
Answers (Footnotes and Bibliography Included) Always ensuring thorough
proofreading and attention to detail.
PREVIEW:
Question 1
In South African law, the principle that the defendant's enrichment must come at the
expense of the plaintiff is a cornerstone of unjust enrichment jurisprudence, aimed at
ensuring fairness and equity in legal proceedings. This principle underscores the notion
that only those who have been improperly depleted of their assets should have the right to
reclaim value, aligning with the broader legal framework of South Africa. Unjust
enrichment, a cornerstone of legal principles, dictates that one party's gain should not
unjustly come at the expense of another. It ensures fairness by allowing those wrongfully
deprived of assets to seek restitution.
However, navigating unjust enrichment reveals complexities beyond straightforward
transactions. It requires establishing a direct causal link between the defendant's gain and
the plaintiff's loss. Scholars like De Vos1 argue that indirect enrichment warrants a claim if
a relationship exists between the gain and loss.2 In Gouws v Jester Pools (Pty) Ltd 1968
1 De Vos W “Enrichment at whose expense? A reply” 1969 SALJ 227–230.
2 De Vos W “Enrichment at whose expense? A reply” 1969 SALJ 227–230.
1
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