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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: Sorting out Progression Commitment
Sorting out progression commitment, generally called the quantum of
the upgrade ensure, bases on concluding how much the respondent
has been deceptively improved regardless of the irritated party. Here
is a breakdown of the overall system:
1. Defendant's Headway: This incorporates assessing the benefit
the respondent got. It might be cash related gain, property secured,
or any advantage obtained.
2. Plaintiff's Impoverishment: This bright lights on the setback
persevered by the irritated party due to the improvement of the