PVL3704
ASSIGNMENT 1
SEMESTER 2 – 2022
, Question 1
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 immediately and sends a letter of complaint.
Advise A whether he will be able to reclaim the R300 000 he paid, and with which
remedy? In your answer discuss the requirements for this remedy. (10)
Question 2
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)
SOLUTIONS
Question 1
(a) Identifying the correct action
The correct action to be instituted by A is the condictio indebiti. This action is available
in instances where a debt not owing was paid. Incidentally no unlawful, ultra vires or
void contract is relevant here and therefore it seems as if no other condictiones could
be applicable.
(b) Requirements for the action and defences against it
(i) Transfer of ownership in the form of payment of money or delivery of a specific
object
(ii) Payment has to take place under the mistaken belief that the performance was
due.
(iii) The mistake, either a legal or factual mistake, must have been reasonable in the
circumstances (iustus error).
ASSIGNMENT 1
SEMESTER 2 – 2022
, Question 1
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 immediately and sends a letter of complaint.
Advise A whether he will be able to reclaim the R300 000 he paid, and with which
remedy? In your answer discuss the requirements for this remedy. (10)
Question 2
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)
SOLUTIONS
Question 1
(a) Identifying the correct action
The correct action to be instituted by A is the condictio indebiti. This action is available
in instances where a debt not owing was paid. Incidentally no unlawful, ultra vires or
void contract is relevant here and therefore it seems as if no other condictiones could
be applicable.
(b) Requirements for the action and defences against it
(i) Transfer of ownership in the form of payment of money or delivery of a specific
object
(ii) Payment has to take place under the mistaken belief that the performance was
due.
(iii) The mistake, either a legal or factual mistake, must have been reasonable in the
circumstances (iustus error).
