PVL3704
ASSIGNMENT 1 SEMESTER 1 2026
UNIQUE NO.
DUE DATE: 20 MARCH 2026
, Enrichment Liability and Estoppel - PVL3704
PVL3704 ASSIGNMENT 01 (FIRST SEMESTER 2026)
UNJUSTIFIED ENRICHMENT LIABILITY
Question 1
Discuss the general requirement that the defendant’s enrichment must have been
at the expense of the plaintiff. Refer in your answer to case law.
Introduction
One of the essential requirements for unjustified enrichment liability in South African law
is that the defendant’s enrichment must have occurred at the expense of the plaintiff.
This requirement ensures that enrichment liability only arises where there is a direct or
sufficient causal connection between the enrichment of one party and the
impoverishment of another. Without such a link, no enrichment action can succeed.
Meaning of “At the Expense of the Plaintiff”
For enrichment liability to arise, it is not enough that:
the defendant is enriched, and
the plaintiff is impoverished.
The law further requires that the enrichment and impoverishment must be linked,
meaning that the defendant’s gain must have resulted because of the plaintiff’s loss.
This is known as the causality requirement in enrichment law.
The plaintiff must therefore show that:
value moved from their patrimony, and
ASSIGNMENT 1 SEMESTER 1 2026
UNIQUE NO.
DUE DATE: 20 MARCH 2026
, Enrichment Liability and Estoppel - PVL3704
PVL3704 ASSIGNMENT 01 (FIRST SEMESTER 2026)
UNJUSTIFIED ENRICHMENT LIABILITY
Question 1
Discuss the general requirement that the defendant’s enrichment must have been
at the expense of the plaintiff. Refer in your answer to case law.
Introduction
One of the essential requirements for unjustified enrichment liability in South African law
is that the defendant’s enrichment must have occurred at the expense of the plaintiff.
This requirement ensures that enrichment liability only arises where there is a direct or
sufficient causal connection between the enrichment of one party and the
impoverishment of another. Without such a link, no enrichment action can succeed.
Meaning of “At the Expense of the Plaintiff”
For enrichment liability to arise, it is not enough that:
the defendant is enriched, and
the plaintiff is impoverished.
The law further requires that the enrichment and impoverishment must be linked,
meaning that the defendant’s gain must have resulted because of the plaintiff’s loss.
This is known as the causality requirement in enrichment law.
The plaintiff must therefore show that:
value moved from their patrimony, and
