PVL3704 Assignment
1 (COMPLETE
ANSWERS) Semester 2
2024 - DUE 15 August
2024 ; 100% TRUSTED
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ADMIN
[COMPANY NAME]
, Question 1 Discuss in general (without reference to a specific
enrichment action) how the extent of enrichment liability (or the
quantum of the enrichment claim) will be calculated. (10)
The extent of enrichment liability, or the quantum of the
enrichment claim, is calculated based on the principle of unjust
enrichment in the law of obligations. This principle dictates that
one party should not be unjustly enriched at the expense of
another without compensating the latter. The calculation involves
assessing the actual benefit received by the enriched party and the
corresponding impoverishment of the impoverished party. Here is
a general outline of how the quantum of an enrichment claim is
determined:
1. Assessment of Enrichment
Enrichment occurs when one party receives a benefit, whether it
be money, goods, services, or other advantages. The first step is to
quantify the benefit received by the enriched party. This can
include:
• Monetary Gains: Direct financial benefits like money
received.
• Non-Monetary Gains: Benefits such as property, goods, or
services which have a measurable market value.
• Savings: Where the enriched party saves expenses they
would otherwise have incurred.
2. Assessment of Impoverishment