PVL3704
Assignment 1
(COMPLETE
ANSWERS)
Semester 1 2025
- DUE 13 March
2025
[Type the document subtitle]
[Pick the date]
[Type the company name]
, Exam (elaborations)
PVL3704 Assignment 1 (COMPLETE
ANSWERS) Semester 1 2025 - DUE 13 March
2025
Course
Enrichment Liability and Estoppel (PVL3704)
Institution
University Of South Africa (Unisa)
Book
Unjustified Enrichment
PVL3704 Assignment 1 (COMPLETE ANSWERS) Semester 1 2025 - DUE 13
March 2025; 100% TRUSTED Complete, trusted solutions and explanations
Ensure your success with us...
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 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 to the Municipality. Advise A
whether he will be able to reclaim the R300 000 he paid, and if so, in terms
of which remedy? In your answer discuss the requirements of this remedy.
Assignment 1
(COMPLETE
ANSWERS)
Semester 1 2025
- DUE 13 March
2025
[Type the document subtitle]
[Pick the date]
[Type the company name]
, Exam (elaborations)
PVL3704 Assignment 1 (COMPLETE
ANSWERS) Semester 1 2025 - DUE 13 March
2025
Course
Enrichment Liability and Estoppel (PVL3704)
Institution
University Of South Africa (Unisa)
Book
Unjustified Enrichment
PVL3704 Assignment 1 (COMPLETE ANSWERS) Semester 1 2025 - DUE 13
March 2025; 100% TRUSTED Complete, trusted solutions and explanations
Ensure your success with us...
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 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 to the Municipality. Advise A
whether he will be able to reclaim the R300 000 he paid, and if so, in terms
of which remedy? In your answer discuss the requirements of this remedy.
