, PVL3704 Assignment 1 (DETAILED ANSWERS) Semester
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explanations. ; 100% TRUSTED Complete, trusted solutions
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C has paid D R30 000 by cheque. A day later C instructs her
bank, E to countermand (stop) the cheque. Despite the
countermand, E bank pays out the cheque to D when he
presented the cheque and debited C’s account. C wants the debit
reversed. Advise C and E about the validity of the debit and
whether either of them has an enrichment claim against D. Refer
to relevant case law. Discuss (by reference to relevant case law)
the requirement that the enrichment must have been sine causa.
(10) K rents a farm from L. K effected the following
improvements on the farm without L’s knowledge: (a) built a
dam at a cost of R30 000,00; (b) built a luxury lapa on the edge
of the dam at a cost of R100 000,00; and (c) sank a borehole at a
cost of R20 000,00. K also repaired the roof of the farmhouse
which had started to leak at a cost of R10 000,00. Discuss fully
the legal position with regard to these improvements when the
lease expires. Also briefly discuss whether the position would
have been different if the lease agreement between K and L had
been invalid. A is the owner of a car manufacturing factory in
Gqeberha (formerly known as Port Elizabeth). He recently
settled his electricity bill in full with the Nelson Mandela
Metropolitan Municipality. However, to his surprise he has just
received a letter from the same municipality in which they
threaten to cut his electricity if he doesn’t immediately pay his
“arrear account” of R300 000. A knows that there must be a
1 2025 - ; 100% TRUSTED Complete, trusted solutions and
explanations. ; 100% TRUSTED Complete, trusted solutions
and explanations.
C has paid D R30 000 by cheque. A day later C instructs her
bank, E to countermand (stop) the cheque. Despite the
countermand, E bank pays out the cheque to D when he
presented the cheque and debited C’s account. C wants the debit
reversed. Advise C and E about the validity of the debit and
whether either of them has an enrichment claim against D. Refer
to relevant case law. Discuss (by reference to relevant case law)
the requirement that the enrichment must have been sine causa.
(10) K rents a farm from L. K effected the following
improvements on the farm without L’s knowledge: (a) built a
dam at a cost of R30 000,00; (b) built a luxury lapa on the edge
of the dam at a cost of R100 000,00; and (c) sank a borehole at a
cost of R20 000,00. K also repaired the roof of the farmhouse
which had started to leak at a cost of R10 000,00. Discuss fully
the legal position with regard to these improvements when the
lease expires. Also briefly discuss whether the position would
have been different if the lease agreement between K and L had
been invalid. A is the owner of a car manufacturing factory in
Gqeberha (formerly known as Port Elizabeth). He recently
settled his electricity bill in full with the Nelson Mandela
Metropolitan Municipality. However, to his surprise he has just
received a letter from the same municipality in which they
threaten to cut his electricity if he doesn’t immediately pay his
“arrear account” of R300 000. A knows that there must be a