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PVL3704
Assignment 1
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DUE 15 AUGUST 2024
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Unjustified Enrichment in South African Law
PVL3704 Assignment 1 (COMPLETE ANSWERS) Semester 2 2024 - DUE 15
August 2024 ; 100% TRUSTED Complete, trusted solutions and
explanations....
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) Question 2 A has demanded
payment from B of an amount of R50,000 which he believes B is owing. B has
checked his records and has paid the amount in the bona fide belief that the
amount is owed 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 into 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 realising that his account was in credit. Discuss whether B has
a claim against A and, if so, how much he may claim. (10)
Question 1: Working out Advancement Obligation
Working out advancement obligation, otherwise called the quantum
of the enhancement guarantee, centers around deciding the degree to
which the respondent has been treacherously improved without
regard to the offended party. Here is a breakdown of the general
methodology:
1. Defendant's Advancement: This includes evaluating the
advantage the respondent got. It very well may be money related
gain, property procured, or any benefit acquired.
2. Plaintiff's Impoverishment: This spotlights on the misfortune
endured by the offended party because of the enhancement of the