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PVL3704 - ASSESSMENT 02
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THIS DOCUMENT CONTAINS A WELL-STRUCTURED AND RESOURCEFUL INFROMATION THAT WILL BE USEFUL TOWARDS THE STUDY OF THE MODULE PVL3704 IN ORDER TO PASS THE MODULE.
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By: mulwelir99 • 1 year ago
There’s no information. This guy is a crook
By: keletsocholo • 10 months ago
That’s a multiple choice quiz stop bad mouthing my work and next time skip my profile don’t look into my things.
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Question 1Correct
In which one of the following circumstances can the condictio indebiti be used?
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a. Where a bank has made payment in terms of a countermanded cheque.
b. Where a party knowingly makes a payment that is not due, but under duress and protest.
c. Where a contract is rescinded due to a breach of contract.
d. Where a party has made an undue payment in terms of an illegal contract.
e. Where a party has made payment which is due but where the cause for the payment later falls away.
Question 2
Incorrect
G has noticed that his neighbour's (H) stud bull is seriously ill. The neighbour is currently on a hiking trip in Nepal and cannot be reached. G has called out a veterinary doctor to attend to the bull and has paid all his bills as we
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any circumstances, but rather to call K, if G should notice any problem. G did not bother to call K.
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Which statement best explains the basis of G's possible claim against H?
a. G has no claim against H because the bull has died and the expenses have been wasted.
b. G has an enrichment claim against H for his expenses as necessary expenses.
c. G has a claim against H in terms of the actio negotiorum gestorum contraria for R12,000.
d. G has a claim against H in terms of the actio negotiorum gestorum utilis for R12,000.
e. G's claim against H in terms of the actio negotiorum gestorum contraria will fail because the bull died.
Question 3
Correct
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 owing in terms of their contract. Unbekno
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of R30,000 and was therefore in credit 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 realizing that his ac
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Which statement regarding the requirements for an enrichment action is correct?
a. A has been enriched at the expense of B.
b. A has been enriched at the expense of C, who made the payment.
c. A's enrichment is not unjustified as there was a contract between A and B.
d. A's enrichment is unlawful because he made a demand for payment at a time that it was not
due.
e. B has been impoverished at the expense of the bank.
Question 4
Correct
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 owing in terms of their contract. Unbekno
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of R30,000 and was therefore in credit 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 realizing that his ac
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Which statement best explains the nature of B’s claim against A?
a. B has a claim against A based on delict for a fraudulent misstatement.
b. B has contractual claim against A based on their contract.
c. B has an enrichment claim against A based on the condictio causa data causa non secuta.
d. B has an enrichment claim against A based on the condictio indebiti.
e. B has no claim against A because he paid the amount voluntarily.
Question 5
Correct
X has concluded a contract with Y to build a tennis court at a cost of R40,000 on the property it is renting from Z in Pretoria. It can be shown that the value of the property has increased by R20,000 due to the improvement. X
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2.00 Which statement best explains the ground on which and the amount that Y can claim?
a. Y has an enrichment claim against Z for an amount of R40,000.
b. Y has an enrichment claim against Z for an amount of R20,000.
c. Y has a contractual claim against X for R40,000.
d. Y has an enrichment claim against Z for R40,000.
e. Y has an enrichment claim against X for R 20,000.
Question 6
Correct
Which statement correctly explains the possession or occupation of another's property?
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a. A bona fide occupier is someone who lawfully occupies the immovable property of another person.
b. A bona fide occupier is someone who lawfully occupies the immovable property of another person as if he is the owner thereof.
c. A bona fide possessor is someone who lawfully occupies the property of another person as if he is the owner thereof.
d. A bona fide possessor is someone who unlawfully occupies the property of another person as if he is the owner thereof.
e. A mala fide possessor is someone who unlawfully occupies the property of another person temporarily as if he is entitled to occupy the property as a lessee.
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