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PVL3704
UNDUE ENRICHMENT LIABILITY AND
ESTOPPEL
UNISA
2021
ASSIGNMENT NUMBER 2
DUE DATE:2 JULY 2021
UNIQUE NUMBER: 670665
, ASSIGNMENT 02 DUE DATE: 02 JULY 2021
NO EXTENSION! COMPULSORY ASSIGNMENT
UNIQUE NUMBER: 670665
Please note: This assignment is compulsory for PVL3704 and counts 10% towards your final
mark for this module.
A has demanded payment from B of an amount of R50,000 which he believes B is owing. B
has checked its records and has paid the amount in the bona fide belief that the amount is
owed in terms of their contract. Unbeknown to B, his bookkeeper, C had already paid the
amount a week earlier by way of an electronic funds transfer into the account of A. At the time
of the second payment A's account was overdrawn in the amount of R30,000 and was
therefore in credit in the amount of R20,000 after the payment. A has taken R15,000 out of
his account to pay his employees their monthly wages. He has also paid R10,000 for a luxury
weekend after realising that his account was in credit.
Question 1
Which statement best explains the nature of B’s claim against A?
1. 2. 3. 4. 5.
B has a claim against A based in delict for a fraudulent misstatement. B has contractual claim
against A based on their contract.
B has an enrichment claim against A based on the condictio causa data causa non secuta. B
has an enrichment claim against A based on the condictio indebiti.
B has no claim against A because he paid the amount voluntarily.
PVL3704/001/3/2021
Question 2
Which statement regarding the requirements for an enrichment action is correct?
1. 2. 3. 4.
5.
A has been enriched at the expense of B.
A has been enriched at the expense of C, who made the payment.
A's enrichment is not unjustified as there was a contract between A and B.