Exam (elaborations)
PVL3704 MAY JUNE 2023
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- University Of South Africa (Unisa)
PVL3704 MAY JUNE 2023.
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QUESTION 1Discuss the causality (at the expense of requirement) requirement of
enrichment liability. (10)
In South African law, the enrichment liability is governed by the principle of
unjustified enrichment, which requires that enrichment of one party at the expense of
another must be remedied. The causality requirement of enrichment liability refers to
the requirement that there must be a causal link between the enrichment of the
defendant and the corresponding loss suffered by the plaintiff.
In order for a plaintiff to succeed in an enrichment claim, they must show that the
enrichment of the defendant was caused by the corresponding loss suffered by the
plaintiff. This means that the plaintiff must prove that there is a direct connection
between the enrichment of the defendant and the corresponding loss suffered by the
plaintiff.
The causality requirement is important because it ensures that the plaintiff is not able
to recover for a loss that was not directly caused by the defendant's enrichment. This
requirement also ensures that the defendant is not held liable for any losses that
were not caused by their enrichment.
Overall, the causality requirement of enrichment liability ensures that there is a fair
and just remedy for situations where one party has gained at the expense of another.
It ensures that plaintiffs are not able to recover for losses that were not directly
caused by the defendant's enrichment and that defendants are not held liable for
losses that were not caused by their enrichment.
QUESTION 2
In McCarthy Retail Ltd v Shortdistance Carriers CC 2001 (3) SA 482 (SCA) para
[9] the court said: “We now know from the hard print that there is a common-
law basis for the acceptance of a general enrichment action, at least one of a
subsidiary nature. In this respect the decision of the majority in Nortje’s case
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