PVL 3704 (PVL3704)

SECTION B QUESTION 1 IN McCarthy Retail Ltd v Shortdistance Carriers CC 2001 (3) SA 482 (SCA) para [9] THE COURT SAID “WE NOW KNOW FROM THE HARD PRINT THAT THERE IS A COOMON-LAW BASIS FOR THE ACCEPTANCE OF A GENERAL ENRICHMENT ACTION, AT LEAST ONE OF A SUBSIDIARY NATURE IN THIS RESPECT THE DECISION OF THE MAJORITY IN Nortje’s CASE HAS BEEN SHOWN BY THE THEN LARGELY DORMANT AUTHORITY TO BE CLEARLY WRONG.” CRITICALLY DISCUSS THIS STATEMENT WITH REFERENCE TO RELEVANT CASE LAW (10...

PVL 3704 ENRICHMENT LIABILITY AND ESTOPPEL LATEST EXAM PACK 2021-2022. SECTION B QUESTION 1 DISCUSS THE NATURE AND EXTENT OF ENRICHMENT CLAIMS WITHOUT REFERRING TO ANY SPECIFIC ACTION The plaintiff is allowed to claim the amount he has been impoverished, or the amount the defendant has been enriched, whichever is the lesser. The quantum of the enrichment claim is calculated at the time the claim is instituted. The defendant is not liable for benefits that he due to his enrichment c...