PVL3704 UNJUSTIFIED
ENRICHMENT LIABILITY AND
ESTOPPEL
Requirement for the condictio indebiti (3) (Roman Law) -(correct answer)datio of money or things; error; and unduey
payment Datio (Roman Law) -(correct answer)dationis. noun. Definitions: donation/gift.
giving/assigning/allotting/handing over (act), transfer. solvendi animo per errorem (Roman Law) -(correct answer)in
the mistaken belief that the debt was due. Quantum of claim (Roman Law) -(correct answer)The received had to
restore the thing plus fixtures plus fruits (less production expenses) The receiver entitled to compensation for his or
her necessary expenses and useful expenses. Interest drawn on the money paid for, and the value of, a service
cannot be recovered with this condictio. Requirements in Roman Dutch Law -(correct answer)Essentially the same as
that which feature in Roman Law. View that a payment based on an error of law could not be recovered remained in
place. Plaintiff could be denied the condictio only on considerations of equity Obiligation to return in Roman Dutch Law
-(correct answer)Obligation of receiver to restore the thing:- Obligation to return the thing received If no longer in his or
her possession then the value thereof to be returned. Defence can be raised -(correct answer)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. Condictio indebiti in SA Law -(correct
answer)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. Party to satisfy the following requirements: -(correct answer)a) He or she must have
given or transferred something in ownership to another. (Transfer of copyright or a trademark, or even a claim, can be
reclaimed with the condictio indebiti) b)Transfer must have taken place as the result of a mistake having been made
on the part of the transferor, c) the mistake, whether in law or in fact, must have been reasonable mistake under the
circumstances. Payment -(correct answer)Impoverished party must prove that it has made a payment in the broad
sense described above to the enriched party. This includes : Transfer of ownership in a thing payment of money
performance of work and services transfer of possession transfer of such immaterial property as rights. not owed
-(correct answer)The impoverished party must prove that the payment was not owed. No debt was owing to the
enriched party. excusable mistake -(correct answer)impoverished party must prove that the payment was made by
mistake and that the mistake was an excusable one. If impoverished party knew that the payment was not owing, it is
assumed that the intention had been to make a donation and therefore performance cannot be reclaimed. Exception -
when payment is made under duress and protest. Willis Faber Enthoven Pty Ltd v Received of Revenue and Another
-(correct answer)Appellate division refused to jettison the requirement concerned. iustus error -(correct
answer)retention of the iustus error requirements is contentious, because it leads to anomalies and unfair results.
Right to equal treatment and fairness under constitutional principles may be used to develop the law. Frame v Palmer
-(correct answer)Court accepted that the value of a service rendered could in our contemporary law, be reclaimed by
employing such action. Rumpff JA (minority report agreed to the above but the majority of the court left the question
open. factum -(correct answer)SERVICE RENDERED Gouws case -(correct answer)Prevalent view appears to have
been that the value of a service rendered cannot be claimed by ANY of the condictiones sine causa. Enriched party's
defence of non-enrichment -(correct answer)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. receipt of money enrichment -(correct
answer)If the defendant is not in a better position than he or she would have been had the payment not taken place,
then he or she cannot be considered to have been enriched, and therefore will no longer be liable. If he or she was
only partly better off after the undue payment was made, then the enrichment is correspondingly lessened.. No
necessary that funds received be kept separately. Payment made by cheque into overdrawn accounts -(correct
answer)ABSA BANK LTD v STANDARD BANK OF SA LTD Money exchanged for something -(correct answer)1. If
ENRICHMENT LIABILITY AND
ESTOPPEL
Requirement for the condictio indebiti (3) (Roman Law) -(correct answer)datio of money or things; error; and unduey
payment Datio (Roman Law) -(correct answer)dationis. noun. Definitions: donation/gift.
giving/assigning/allotting/handing over (act), transfer. solvendi animo per errorem (Roman Law) -(correct answer)in
the mistaken belief that the debt was due. Quantum of claim (Roman Law) -(correct answer)The received had to
restore the thing plus fixtures plus fruits (less production expenses) The receiver entitled to compensation for his or
her necessary expenses and useful expenses. Interest drawn on the money paid for, and the value of, a service
cannot be recovered with this condictio. Requirements in Roman Dutch Law -(correct answer)Essentially the same as
that which feature in Roman Law. View that a payment based on an error of law could not be recovered remained in
place. Plaintiff could be denied the condictio only on considerations of equity Obiligation to return in Roman Dutch Law
-(correct answer)Obligation of receiver to restore the thing:- Obligation to return the thing received If no longer in his or
her possession then the value thereof to be returned. Defence can be raised -(correct answer)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. Condictio indebiti in SA Law -(correct
answer)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. Party to satisfy the following requirements: -(correct answer)a) He or she must have
given or transferred something in ownership to another. (Transfer of copyright or a trademark, or even a claim, can be
reclaimed with the condictio indebiti) b)Transfer must have taken place as the result of a mistake having been made
on the part of the transferor, c) the mistake, whether in law or in fact, must have been reasonable mistake under the
circumstances. Payment -(correct answer)Impoverished party must prove that it has made a payment in the broad
sense described above to the enriched party. This includes : Transfer of ownership in a thing payment of money
performance of work and services transfer of possession transfer of such immaterial property as rights. not owed
-(correct answer)The impoverished party must prove that the payment was not owed. No debt was owing to the
enriched party. excusable mistake -(correct answer)impoverished party must prove that the payment was made by
mistake and that the mistake was an excusable one. If impoverished party knew that the payment was not owing, it is
assumed that the intention had been to make a donation and therefore performance cannot be reclaimed. Exception -
when payment is made under duress and protest. Willis Faber Enthoven Pty Ltd v Received of Revenue and Another
-(correct answer)Appellate division refused to jettison the requirement concerned. iustus error -(correct
answer)retention of the iustus error requirements is contentious, because it leads to anomalies and unfair results.
Right to equal treatment and fairness under constitutional principles may be used to develop the law. Frame v Palmer
-(correct answer)Court accepted that the value of a service rendered could in our contemporary law, be reclaimed by
employing such action. Rumpff JA (minority report agreed to the above but the majority of the court left the question
open. factum -(correct answer)SERVICE RENDERED Gouws case -(correct answer)Prevalent view appears to have
been that the value of a service rendered cannot be claimed by ANY of the condictiones sine causa. Enriched party's
defence of non-enrichment -(correct answer)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. receipt of money enrichment -(correct
answer)If the defendant is not in a better position than he or she would have been had the payment not taken place,
then he or she cannot be considered to have been enriched, and therefore will no longer be liable. If he or she was
only partly better off after the undue payment was made, then the enrichment is correspondingly lessened.. No
necessary that funds received be kept separately. Payment made by cheque into overdrawn accounts -(correct
answer)ABSA BANK LTD v STANDARD BANK OF SA LTD Money exchanged for something -(correct answer)1. If
