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PVL3704 Assignment 1 (ANSWERS) Semester 2 2024 - DISTINCTION GUARANTEED

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Well-structured PVL3704 Assignment 1 (ANSWERS) Semester 2 2024 - DISTINCTION GUARANTEED. (DETAILED ANSWERS - DISTINCTION GUARANTEED!)..... 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) Question 2 A has demanded payment from B of an amount of R50,000 which he believes B is owing. B has checked his 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 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. Discuss whether B has a claim against A and, if so, how much he may claim. (10)

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PVL3704
Assignment 1 Semester 2 2024
Unique Number:
Due Date: 15 August 2024

QUESTION 1 (3 ANSWERS PROVIDED)

Enrichment liability, or the quantum of the enrichment claim, is determined by evaluating the
amount the defendant has been enriched at the expense of the plaintiff. The underlying
principle is that the plaintiff is entitled to recover the lesser of the amount they have been
impoverished or the amount the defendant has been enriched. This ensures that the
defendant is only liable to the extent of their actual benefit derived from the plaintiff's loss.
The general requirements for an enrichment claim are as follows:

1. Enrichment Without Legal Cause (Sine Causa):
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