PVL 3704

Question 2 A owns a factory manufacturing steel in a continuous process. His monthly electricity bill averages R100 000. He just received a letter from the Johannesburg Municipality in which it threatens to cut his electricity if he doesn’t immediately pay his “arrear account of R300 000”. A knows that there must be a mistake, because his account is paid in full, but also knows that if there is a disruption in his electricity supply he will suffer severe losses. He pays the amount im...

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) Answer In principle the plaintiff is allowed to claim the amount he has been impoverished, or the amount by which the defendant has been enriched, whichever is the lesser. (1) See Study Guide 1, pars 1.1.4 and 2.3. The quantum of the enrichment claim is calculated at the time the claim is instituted. (1) ...