P
, VL3704 Assignment 1 Semester 1 2026 - Due 20
March 2026; 100 % TRUSTED w
PVL3704 – Assignment 01
Semester 1 – 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. (15 marks)
In South African law, unjustified enrichment liability arises when one
person is enriched at the expense of another in circumstances regarded
as legally unjustified. One of the essential general requirements for an
enrichment action is that the defendant’s enrichment must have
occurred at the expense of the plaintiff.
1. Meaning of “at the expense of”
The requirement means that there must be a sufficiently close link
between:
The enrichment of the defendant; and
The impoverishment of the plaintiff.
The plaintiff must show that his or her loss corresponds with, or is
connected to, the defendant’s gain. It is not enough that the defendant
has been enriched and the plaintiff has suffered loss independently. The
enrichment must be derived from the plaintiff’s estate.
, VL3704 Assignment 1 Semester 1 2026 - Due 20
March 2026; 100 % TRUSTED w
PVL3704 – Assignment 01
Semester 1 – 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. (15 marks)
In South African law, unjustified enrichment liability arises when one
person is enriched at the expense of another in circumstances regarded
as legally unjustified. One of the essential general requirements for an
enrichment action is that the defendant’s enrichment must have
occurred at the expense of the plaintiff.
1. Meaning of “at the expense of”
The requirement means that there must be a sufficiently close link
between:
The enrichment of the defendant; and
The impoverishment of the plaintiff.
The plaintiff must show that his or her loss corresponds with, or is
connected to, the defendant’s gain. It is not enough that the defendant
has been enriched and the plaintiff has suffered loss independently. The
enrichment must be derived from the plaintiff’s estate.
