PVL3704
Assignment 1 Semester 2 2025
Unique #:
Due Date: 21 August 2025
Detailed solutions, explanations, workings
and references.
+27 81 278 3372
, QUESTION 1
In general, when a person claims unjust enrichment, the amount that can be claimed
is limited to the lesser of two values: the amount by which the plaintiff has been
impoverished, or the amount by which the defendant has been enriched. This rule
prevents the plaintiff from receiving more than they lost, and prevents the defendant
from paying more than they actually gained.1
The amount, or quantum, of the enrichment claim is normally calculated at the time
the legal claim is instituted. This means that any change in the value of the benefit
before the legal action is brought can affect the amount the defendant must pay. If
the defendant has lost or reduced the enrichment before the claim is filed, their
liability is reduced or even cancelled.2 For example, if the defendant used up or
destroyed the benefit received, and did not act wrongfully, they may no longer be
enriched.
It is important to note that the defendant is not liable for any benefits they could have
gained but didn’t—only for what they actually received and retained.3 However, the
burden of proof to show they are no longer enriched lies with the defendant.4
There are exceptions where the quantum is calculated earlier than the date of legal
action. These include:
When the defendant became aware of the enrichment.
When the defendant should have known that the benefit was unjustified.
When the defendant was in mora (delayed in returning the benefit).
When the defendant acted mala fide (in bad faith).5
These early calculation rules do not apply to minors, who are treated with special
protection in law.6
In assessing the quantum, courts consider both positive and negative side-effects of
the enrichment. For example, if the enrichment helped the defendant gain something
else, that added value must be included, but any related losses may reduce the
1
Study Guide 1, para 1.1.4 and 2.3.
2
Ibid.
3
Study Guide 1, para 2.3.
4
Ibid.
5
Study Guide 1, para 2.3 – instance (a-d).
6
Ibid.
Varsity Cube 2025 +27 81 278 3372
Assignment 1 Semester 2 2025
Unique #:
Due Date: 21 August 2025
Detailed solutions, explanations, workings
and references.
+27 81 278 3372
, QUESTION 1
In general, when a person claims unjust enrichment, the amount that can be claimed
is limited to the lesser of two values: the amount by which the plaintiff has been
impoverished, or the amount by which the defendant has been enriched. This rule
prevents the plaintiff from receiving more than they lost, and prevents the defendant
from paying more than they actually gained.1
The amount, or quantum, of the enrichment claim is normally calculated at the time
the legal claim is instituted. This means that any change in the value of the benefit
before the legal action is brought can affect the amount the defendant must pay. If
the defendant has lost or reduced the enrichment before the claim is filed, their
liability is reduced or even cancelled.2 For example, if the defendant used up or
destroyed the benefit received, and did not act wrongfully, they may no longer be
enriched.
It is important to note that the defendant is not liable for any benefits they could have
gained but didn’t—only for what they actually received and retained.3 However, the
burden of proof to show they are no longer enriched lies with the defendant.4
There are exceptions where the quantum is calculated earlier than the date of legal
action. These include:
When the defendant became aware of the enrichment.
When the defendant should have known that the benefit was unjustified.
When the defendant was in mora (delayed in returning the benefit).
When the defendant acted mala fide (in bad faith).5
These early calculation rules do not apply to minors, who are treated with special
protection in law.6
In assessing the quantum, courts consider both positive and negative side-effects of
the enrichment. For example, if the enrichment helped the defendant gain something
else, that added value must be included, but any related losses may reduce the
1
Study Guide 1, para 1.1.4 and 2.3.
2
Ibid.
3
Study Guide 1, para 2.3.
4
Ibid.
5
Study Guide 1, para 2.3 – instance (a-d).
6
Ibid.
Varsity Cube 2025 +27 81 278 3372
