Exam (elaborations)
PVL3704 Assignment 2 Semester 1 2023
- Institution
- University Of South Africa
PVL3704 Assignment 2 Semester 1 2023
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5/8/2023PVL3704
Assignment 2
Semester 1
2023
lenovo
[COMPANY NAME]
, PVL3704 Assignment 2 Semester 1
2023
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QUESTION 1
A has demanded payment from B of an amount of R50,000 which he believes
B is owing. B has checked its records and has paid the amount in the bona fide
belief that the amount is owing in terms of their contract. Unbeknown to B,
his bookkeeper, C had already paid the amount a week earlier by way of an
electronic funds transfer in to the account of A. At the time of the second
payment A's account was overdrawn in the amount of R30,000 and was
therefore in credit of R20,000 after the payment. A has taken R15,000 out of
his account to pay his employees their monthly wages. He has also paid
R10,000 for a luxury weekend after realizing that his account was in credit.
Which statement regarding the requirements for an enrichment action is
correct?
a. A has been enriched at the expense of B.
b. A has been enriched at the expense of C, who made the payment.
c. A's enrichment is not unjustified as there was a contract between A and B.
d. A's enrichment is unlawful because he made a demand for payment at a
time that it was not due.
e. B has been impoverished at the expense of the bank.
b. A has been enriched at the expense of C, who made the payment.
Explanation: A was enriched by receiving a payment that he was not entitled to
receive from B, because C had already made the payment on behalf of B.
Therefore, A's enrichment came at the expense of C, who made the payment. The
fact that A's account was overdrawn and that he subsequently used the money to
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