Exam (elaborations)
PVL3704 ASSIGNMENT 1 GUIDE
- Institution
- University Of South Africa (Unisa)
DOCUMENT IS MEANT TO GUIDE YOU AS TO HOW TO COMPILE YOUR OWN ASSIGNMENT. ITS HAS FUNDAMENTAL REQUIREMENTS AS EXPECTED BY UNISA STANDARDS.
[Show more]
Content preview
PVL3704UNIQUE NUMBER 855338
STUDENT NUMBER
ASSIGNMENT NUMBER 1
, QUESTION 1
Answer
In principle the plaintiff is allowed to claim the amount he has been
impoverished, or the amount the defendant has been enriched,
whichever is the lesser,1 and the quantum of the enrichment claim is
calculated at the time the claim is instituted. That means that the
defendant is not liable for benefits that he due to his enrichment
could have gained, but didn’t. If the defendant’s enrichment has
been reduced or extinguished before the claim has been instituted,
his liability will also be reduced or extinguished. The onus to prove
non-enrichment lies with the defendant.
In four instances the quantum will be calculated sooner, meaning
before the date of institution of the action:
(a) At the moment the defendant becomes aware of enrichment;
(b) At an earlier stage if the defendant should have known that the
benefit wasn’t justified
(c) When the defendant fell into mora; and an earlier date if the
defendant acted mala fide. These exceptions do not apply in the case
of minors.
In quantifying the claim all positive and negative side-effects should
be taken into account. Interest earned on money in the hands of the
defendant before litis contestatio cannot be claimed by the plaintiff,
but after mora the plaintiff can claim mora interest. If the defendant
spent the money on something he would not have done if it wasn’t
for the enrichment, he can raise the defence of non-enrichment.
However, if all or part of what he spent the money on (eg goods) is
still of value and in his hands, he must offer the goods or the value of
1
UNISA Study Guide 1, par 1.1.4
The benefits of buying summaries with Stuvia:
Guaranteed quality through customer reviews
Stuvia customers have reviewed more than 700,000 summaries. This how you know that you are buying the best documents.
Quick and easy check-out
You can quickly pay through EFT, credit card or Stuvia-credit for the summaries. There is no membership needed.
Focus on what matters
Your fellow students write the study notes themselves, which is why the documents are always reliable and up-to-date. This ensures you quickly get to the core!
Frequently asked questions
What do I get when I buy this document?
You get a PDF, available immediately after your purchase. The purchased document is accessible anytime, anywhere and indefinitely through your profile.
Satisfaction guarantee: how does it work?
Our satisfaction guarantee ensures that you always find a study document that suits you well. You fill out a form, and our customer service team takes care of the rest.
Who am I buying this summary from?
Stuvia is a marketplace, so you are not buying this document from us, but from seller Abacus1995. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy this summary for R80,00. You're not tied to anything after your purchase.
Can Stuvia be trusted?
4.6 stars on Google & Trustpilot (+1000 reviews)
50843 documents were sold in the last 30 days
Founded in 2010, the go-to place to buy summaries for 14 years now