PVL3704
Assignment 1 Semester 1 2024
Detailed Solutions, References & Explanations
Unique number:
Due Date: 12 March 2024
QUESTION 1 (3 ANSWERS PROVIDED)
In the law of unjust enrichment, a general requirement is that the defendant's enrichment
must have been at the expense of the plaintiff. This central concept in the law of unjust
enrichment ensures that only those who have been improperly depleted of their assets can
reclaim the value, but it can be more complicated than the simpler direct relationships.
A causal link requires that the enrichment of the defendant is directly correlated with the
impoverishment of the plaintiff. The enrichment must occur because of, or at the very
least, coincident with the loss suffered by the plaintiff. This principle prevents arbitrary
redistribution of wealth and ensures that claims are related to substantiated and direct
transfers of value. Examples include a plaintiff who has provided services or transferred
property directly to a defendant without receiving the agreed upon compensation or
consideration.
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