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PVL3704 ASSIGNMENT 3 [COMPLETE ANSWERS] SEMESTER 2 2024
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PVL3704 ASSIGNMENT 3[COMPLETE ANSWERS]
SEMESTER 2 2024
Question 1:
What is the principle of unjustified enrichment in South African law?
Answer: The principle of unjustified enrichment in South African law refers to a situation where
one party benefits at the expense of another without any legal justification. The enriched party is
required to make restitution to the party who suffered the loss. This principle ensures that no
one unjustly profits from another's detriment. To establish a claim of unjustified enrichment,
three key elements must be present:
1. Enrichment: The defendant must have received a benefit.
2. Deprivation: The claimant must have experienced a corresponding loss.
3. Absence of Justification: There must be no legal basis or justification for the
enrichment.
Question 2:
, What are the key elements required to establish a claim for unjustified enrichment?
Answer: To establish a claim for unjustified enrichment, the following elements must be proven:
1. Enrichment: The defendant must have received some benefit or advantage.
2. Deprivation: The claimant must have suffered a loss or detriment that corresponds to
the benefit received by the defendant.
3. Absence of Justification: The enrichment must be unjustified, meaning there is no
legal or contractual basis for the benefit. This could include enrichment resulting from
mistake, fraud, or without any legal entitlement.
Question 3:
Discuss the difference between "enrichment without cause" and "mistake" as they relate
to unjustified enrichment.
Answer:
● Enrichment without Cause: This occurs when a party receives a benefit without any
legal or contractual basis. For example, if a payment is made by mistake or without a
valid contract, and the recipient has no legal claim to the money, this constitutes
enrichment without cause.
● Mistake: This refers to situations where a benefit is conferred due to a mistake of fact or
law. For instance, if a person mistakenly pays another person believing they owe them
money, and the recipient is enriched as a result, this could be a case of enrichment
arising from a mistake. The key difference is that mistake involves an error in
understanding or belief that leads to the enrichment.
Question 4:
What are the common remedies for unjustified enrichment in South African law?
Answer: The primary remedy for unjustified enrichment in South African law is restitution.
Restitution aims to restore the loss to the claimant, which may involve:
1. Restoration of the Enrichment: Returning the exact benefit received by the enriched
party.
2. Compensation: If returning the benefit is not possible, compensating the claimant for
the value of the benefit conferred.
The claimant may seek an action for enrichment to recover the unjust benefit. The remedy
focuses on ensuring fairness and preventing the unjust retention of benefits.
Question 5:
Provide an example of a South African case that deals with unjustified enrichment and
explain its significance.
Answer: One notable case is Minister of Finance v. H.A. Wulfsohn (Pty) Ltd. In this case,
the court dealt with a situation where a company had received an amount of money from the
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