PVL3704 ASSIGNMENT 2 SEMESTER 2 2023/PVL3704 UNJUSTIFIED ENRICHMENT LIABILITY & ESTOPPEL - CONDICTIO INDEBITI.

PVL3704 ASSIGNMENT 2 SEMESTER 2 2023/PVL3704 UNJUSTIFIED ENRICHMENT LIABILITY & ESTOPPEL - CONDICTIO INDEBITI. By lw Condictio indebiti in SA Law - CORRECT ANSWERS-1. Remedy based on unjustified enrichment. 2. Person reclaims performance rendered under an excusable mistake that was not owing i.t.o. the remedy. 3. Unowed performance may in certain circumstances be reclaimed from a party other than the actual recipient thereof. 4. Reclamataion depends on who the law regards as being the actual recipient of the value transferred. Datio (Roman Law) - CORRECT ANSWERS-dationis. noun. Definitions: donation/gift. giving/assigning/allotting/handing over (act), transfer. Defence can be raised - CORRECT ANSWERS-He / She has lost or alienated the thing or that the loss after he/she became aware of his / her obligation was not his or her fault. Has to restore as much of the value of the thing as still remained in his / her estate. Enriched party's defence of non-enrichment - CORRECT ANSWERS-King Case. Once undue payment has been made, the receiver has to prove the circumstances that will relieve him or her of the obligation to repay. Plaintiff can claim the maximum amount of enrichment, but the defendant can claim that his or her enrichment has lessened, or has even completely fallen away, provided that the rules in respect of default (mora) are not applicable. error of law or error of fact - CORRECT ANSWERS-enriched party only falls into mora at the time when the impoverished party demands payment from the enriched party. One can only