, PVL3704 Assignment 1 Semester 2 2025 – DUE 21 August 2025; 100%
CORRECT AND TRUSTED SOLUTIONS
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.
(15 marks)
Introduction
In South African law, the principle of unjustified enrichment serves to
prevent one party from being enriched at the expense of another in
circumstances where such enrichment lacks a legal ground. A successful
enrichment claim does not merely depend on proving that enrichment
occurred; it also requires the quantification of the enrichment to
determine how much is owed to the impoverished party. This
quantification, often referred to as the extent of enrichment liability or
the quantum of the enrichment claim, involves calculating the amount by
which the defendant has been enriched and the plaintiff has been
impoverished — both of which must correspond. Importantly, the
measure of the claim is restricted by the lesser of the two values: the
amount by which the defendant is enriched or the amount by which the
plaintiff is impoverished. This is commonly known as the "maximum-
loss" principle.
Main Discussion
1. Basic Principles Guiding Quantum Determination
There are two key legal principles central to determining the quantum of
enrichment liability:
The Enrichment Must Be at the Plaintiff’s Expense
There must be a direct connection between the defendant’s
enrichment and the plaintiff’s impoverishment. In other words, the
CORRECT AND TRUSTED SOLUTIONS
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.
(15 marks)
Introduction
In South African law, the principle of unjustified enrichment serves to
prevent one party from being enriched at the expense of another in
circumstances where such enrichment lacks a legal ground. A successful
enrichment claim does not merely depend on proving that enrichment
occurred; it also requires the quantification of the enrichment to
determine how much is owed to the impoverished party. This
quantification, often referred to as the extent of enrichment liability or
the quantum of the enrichment claim, involves calculating the amount by
which the defendant has been enriched and the plaintiff has been
impoverished — both of which must correspond. Importantly, the
measure of the claim is restricted by the lesser of the two values: the
amount by which the defendant is enriched or the amount by which the
plaintiff is impoverished. This is commonly known as the "maximum-
loss" principle.
Main Discussion
1. Basic Principles Guiding Quantum Determination
There are two key legal principles central to determining the quantum of
enrichment liability:
The Enrichment Must Be at the Plaintiff’s Expense
There must be a direct connection between the defendant’s
enrichment and the plaintiff’s impoverishment. In other words, the
