PVL3704 Assignment 1
Semester 2 2024 - DUE 15
August 2024
QUESTIONS AND ANSWERS
, PVL3704 Assignment 1 Semester 2 2024 - DUE 15 August 2024
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: Calculating the Extent of Enrichment Liability
Enrichment liability, or the quantum of an enrichment claim, is generally
calculated based on the extent to which the defendant has been enriched
at the expense of the plaintiff. This calculation follows specific principles
and guidelines:
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