Exam (elaborations)
PVL3704 Assignment 1 Semester 2 2023
- Institution
- University Of South Africa (Unisa)
QUESTIONS WITH ANSWERS
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PVL3704Assignment 1
Semester 2 2023
[Document subtitle]
[DATE]
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, PVL3704 Assignment 1 Semester 2 2023
QUESTION 1
C and D have concluded an agreement which is invalid because it is illegal. C
has already paid R250.000 to D. Explain whether C will be successful with the
condictio indebiti in claiming the money from D. Would it have made any
difference in your answer if the contract had been void due to non-compliance
with statutory formality requirements? Motivate fully. (10)
In the given scenario, where C and D have entered into an agreement that is invalid
due to its illegality, C may have grounds to pursue the condictio indebiti claim to
recover the R250,000 paid to D. The condictio indebiti is a legal remedy that
allows a person to reclaim money mistakenly paid to another party without any
valid legal basis.
To understand whether C will be successful with the condictio indebiti claim, we
need to consider the nature of the illegality in the agreement. Illegality in contracts
can arise from various factors, such as contracts involving unlawful activities,
violation of public policy, or contravention of specific statutory provisions. If the
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