Exam (elaborations)
Pvl3704 Assignment 2 Semester 2 2024 MCQ Due on 11 September 2024 100% grading
- Institution
- University Of South Africa (Unisa)
Pvl3704 Assignment 2 Semester 2 2024 MCQ with 100% grading
[Show more]
Content preview
PVL3704-24-S2 Welcome Message Assessment 2QUIZ
Started on Tuesday, 10 September 2024, 11:59 AM
State Finished
Completed on Tuesday, 10 September 2024, 12:06 PM
Time taken 6 mins 47 secs
Marks 20.00/20.00
Grade 100.00 out of 100.00
Question 1
Correct
Mark 2.00 out of 2.00
A, an American tourist, has leased a vehicle from B. While travelling in the Northern Cape, the vehicle breaks down. A
contracts with C, a garage in Springbok, to repair the vehicle at a cost of R12,000. After two days A leases another vehicle
from X and completes his trip. He departs for America. C wants to claim the R12,000 from B.
Which statement best explains whether C has a claim against B and the authority on which it is based?
a. In terms of the decision in Gouws v Jester Pools (Pty) Ltd 1968 3 SA 63 (T) it was held that C has no claim against B
because B had not been enriched.
b. In terms of the decision in Gouws v Jester Pools (Pty) Ltd 1968 3 SA 63 (T) it was held that C has no claim
against B because B has not been enriched at C's expense.
c. The decision in the Gouws case was confirmed in Buzzard Electrical v 158 Jan Smuts Avenue Investments 1996 4
SA 19 (A)
d. The decision in the Gouws case was rejected in Buzzard Electrical v 158 Jan Smuts Avenue Investments 1996 4 SA
19 (A)
e. The decision in the Gouws case was overruled in Brooklyn House Furnishers Ltd V Knoetze & Sons 1970 3 SA 264
(A)
Your answer is correct.
This set of facts relates to indirect enrichment. Please note that there is a contractual relationship between A and B, as well
as between A and C and eventually also between A and X. Last-mentioned contract is not relevant for this set of facts. Also
take note that there is no contractual relationship between B and C. Look again at the decisions in Gouws v Jester Pools and
the Buzzard Electrical-case.
The correct answer is:
In terms of the decision in Gouws v Jester Pools (Pty) Ltd 1968 3 SA 63 (T) it was held that C has no claim against B because
B has not been enriched at C's expense.
The benefits of buying summaries with Stuvia:
Guaranteed quality through customer reviews
Stuvia customers have reviewed more than 700,000 summaries. This how you know that you are buying the best documents.
Quick and easy check-out
You can quickly pay through EFT, credit card or Stuvia-credit for the summaries. There is no membership needed.
Focus on what matters
Your fellow students write the study notes themselves, which is why the documents are always reliable and up-to-date. This ensures you quickly get to the core!
Frequently asked questions
What do I get when I buy this document?
You get a PDF, available immediately after your purchase. The purchased document is accessible anytime, anywhere and indefinitely through your profile.
Satisfaction guarantee: how does it work?
Our satisfaction guarantee ensures that you always find a study document that suits you well. You fill out a form, and our customer service team takes care of the rest.
Who am I buying this summary from?
Stuvia is a marketplace, so you are not buying this document from us, but from seller IsabellaTutorial. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy this summary for R50,00. You're not tied to anything after your purchase.
Can Stuvia be trusted?
4.6 stars on Google & Trustpilot (+1000 reviews)
69052 documents were sold in the last 30 days
Founded in 2010, the go-to place to buy summaries for 15 years now