PVL3704 ASSIGNMENT 1
SEMESTER 2 2023 ANSWERS
ALL CORRECT!!!
QUESTION 1
C and D have concluded an agreement which is invalid because it is illegal. C has already paid R250.000
to D. Explain whether C will be successful with the condictio indebiti in claiming the money from D.
Would it have made any difference in your answer if the contract had been void due to non-compliance
with statutory formality requirements? Motivate fully. (10)
introduction
In South African law, the principle of condictio indebiti allows a person who has mistakenly paid
money to another person to claim it back. This principle applies when the payment was made
under a mistake of fact or law, and the recipient was not entitled to receive the money.
, Here is a breakdown of the key elements of condictio indebiti:
1. Mistaken Payment: The claimant must have made the payment under a mistake. This
can be a mistake of fact, such as paying the wrong person or paying more than what was
owed, or a mistake of law, such as misunderstanding the legal obligations.
2. Absence of Legal Obligation: The recipient must not have been entitled to receive the
payment. If the recipient had a legal right to the money, even if the claimant made a
mistake, condictio indebiti may not apply.
3. Claim within a Reasonable Time: The claimant must bring the claim within a reasonable
time after discovering the mistake. The exact time limit may vary depending on the
circumstances, but it is generally advisable to act promptly.
4. Restitution: The claimant must seek restitution, which means asking for the return of
the money or its equivalent value. If the recipient no longer has the money, they may be
required to compensate the claimant in another way.
It is important to note that the specific requirements and procedures for claiming money
under condictio indebiti may vary depending on the jurisdiction and the circumstances of the
case. It is advisable to consult with a legal professional or refer to the relevant South African
legislation and case law for more detailed information.
C will not be successful with the condictio indebiti in claiming the money from D. The condictio
indebiti is a legal remedy that allows a person to claim back money paid to another party by
SEMESTER 2 2023 ANSWERS
ALL CORRECT!!!
QUESTION 1
C and D have concluded an agreement which is invalid because it is illegal. C has already paid R250.000
to D. Explain whether C will be successful with the condictio indebiti in claiming the money from D.
Would it have made any difference in your answer if the contract had been void due to non-compliance
with statutory formality requirements? Motivate fully. (10)
introduction
In South African law, the principle of condictio indebiti allows a person who has mistakenly paid
money to another person to claim it back. This principle applies when the payment was made
under a mistake of fact or law, and the recipient was not entitled to receive the money.
, Here is a breakdown of the key elements of condictio indebiti:
1. Mistaken Payment: The claimant must have made the payment under a mistake. This
can be a mistake of fact, such as paying the wrong person or paying more than what was
owed, or a mistake of law, such as misunderstanding the legal obligations.
2. Absence of Legal Obligation: The recipient must not have been entitled to receive the
payment. If the recipient had a legal right to the money, even if the claimant made a
mistake, condictio indebiti may not apply.
3. Claim within a Reasonable Time: The claimant must bring the claim within a reasonable
time after discovering the mistake. The exact time limit may vary depending on the
circumstances, but it is generally advisable to act promptly.
4. Restitution: The claimant must seek restitution, which means asking for the return of
the money or its equivalent value. If the recipient no longer has the money, they may be
required to compensate the claimant in another way.
It is important to note that the specific requirements and procedures for claiming money
under condictio indebiti may vary depending on the jurisdiction and the circumstances of the
case. It is advisable to consult with a legal professional or refer to the relevant South African
legislation and case law for more detailed information.
C will not be successful with the condictio indebiti in claiming the money from D. The condictio
indebiti is a legal remedy that allows a person to claim back money paid to another party by
