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PVL3704
OCTOBER/NOVEMBER EXAM 2024
UNIQUE NO.
DUE DATE: 2024
, PVL3704
October / November Exam Portfolio 2024
Unique Number:
Due Date: October 2024
Enrichment Liability and Estoppel
Question 1: Nature of the Claim and Available Remedy
In this case, the legal principle involved is enrichment liability, specifically a claim
based on unjustified enrichment. You made a payment to the truck driver to remove
an obstruction, which was your neighbor's responsibility, but you did so to avoid
inconvenience to yourself, as you urgently needed to open your shop.
Nature of the Claim: Indebitatus Assumpsit or Negotiorum Gestio
Your claim falls under the category of quasi-contractual obligations, where one party
(you) has discharged a debt or performed an obligation on behalf of another party (your
neighbor), without a prior agreement, but with the expectation of reimbursement. The
specific remedy available is indebitatus assumpsit or negotiorum gestio in Roman-
Dutch law.
Remedy: Condictio Indebiti (Claim for Unjustified Enrichment)
You can raise a condictio indebiti, which allows you to claim reimbursement from your
neighbor for the amount you paid to the truck driver. The remedy is based on the
principle that a person cannot be unjustly enriched at the expense of another.
In the case of McCarthy Retail Ltd v Shortdistance Carriers CC 2001 (3) SA 482
(SCA), the court established the principle that if one party pays a debt or performs an
obligation on behalf of another, believing that it is due or to prevent undue hardship (in
your case, the urgent need to leave for business), that party can claim the amount back.
, The basic elements of unjustified enrichment, which you would need to establish, are:
1. Enrichment: Your neighbor was enriched by the fact that you discharged his
obligation to the truck driver.
2. Impoverishment: You suffered impoverishment by making the payment.
3. Connection between enrichment and impoverishment: The payment you
made caused both the enrichment and the impoverishment.
4. No legal justification: There was no legal justification for you to pay your
neighbor’s debt.
In the case of BMW Financial Services (SA) (Pty) Ltd v Dr MB Mello, the court
highlighted the importance of reimbursement when one party performs an obligation on
behalf of another without legal justification.
What You Can Claim:
You can claim the exact amount you paid to the truck driver, as it is the amount that
unjustly enriched your neighbor. Additionally, you may claim any reasonable interest
accrued from the time of payment, depending on the circumstances.
Question 2: Condictio Sine Causa Specialis
The condictio sine causa specialis is a legal remedy used to recover property or
money that was transferred or paid without a valid cause. This condictio is used when
enrichment has occurred without any legal ground, and the transfer was made not as a
gift but under some mistake or expectation that ultimately did not materialize.
Field of Application:
The condictio sine causa specialis is applicable in the following scenarios:
1. Payments or transfers without legal cause: This includes situations where a
party has received something (usually money or property) without any underlying
legal obligation or valid reason.
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