, PVL3704 Assignment 1 (COMPLETE ANSWERS) Semester
2 2025 – DUE 21 August 2025; 100% correct solutions and
explanations.
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.
Introduction
Enrichment liability arises in South African law where one party has
been enriched at the expense of another without a legal basis. Once
it is established that unjustified enrichment has taken place, the next
question is how to calculate the extent or quantum of the enrichment
liability. This determines the amount of compensation that the
enriched party must return to the impoverished party. The quantum
is not automatically equal to the amount of loss suffered or benefit
received but is determined through legal principles and judicial
discretion. This discussion provides a general framework for
calculating enrichment liability in South African law.
1. General Principle of Restitution
The central aim of enrichment liability is restitution, meaning the
restoration of what was unjustly received. The courts seek to
reverse the enrichment by requiring the enriched party to return
the value or benefit received. However, this is subject to limitations
and qualifications.
2 2025 – DUE 21 August 2025; 100% correct solutions and
explanations.
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.
Introduction
Enrichment liability arises in South African law where one party has
been enriched at the expense of another without a legal basis. Once
it is established that unjustified enrichment has taken place, the next
question is how to calculate the extent or quantum of the enrichment
liability. This determines the amount of compensation that the
enriched party must return to the impoverished party. The quantum
is not automatically equal to the amount of loss suffered or benefit
received but is determined through legal principles and judicial
discretion. This discussion provides a general framework for
calculating enrichment liability in South African law.
1. General Principle of Restitution
The central aim of enrichment liability is restitution, meaning the
restoration of what was unjustly received. The courts seek to
reverse the enrichment by requiring the enriched party to return
the value or benefit received. However, this is subject to limitations
and qualifications.
