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PVL3704 Assignment 1 Semester 1 2026 - DUE 20 March 2026 [COMPLETE ANSWERS];100%TRUSTED QUALITY WORKINGS

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PVL3704 Assignment 1 Semester 1 2026 - DUE 20 March 2026 [COMPLETE ANSWERS];100%TRUSTED QUALITY WORKINGS ASSIGNMENT 01: FIRST SEMESTER 2026 DUE DATE: 20 March 2026 NO EXTENSION! COMPULSORY ASSIGNMENT: Please note: This is a compulsory assignment for PVL3704. This assignment must be submitted by all students registered for the FIRST SEMESTER. There are two questions in the assignment and only one of the two questions will be marked. The other question is self-assessment activity. Students must answer both questions. This is a written assignment. For instructions on the submission of written assignments, please see Study @ Unisa. We will supply you with detailed general comments on the assignment itself during the cause of the semester. You must, as far as possible, use your own words when you answer the assignment. If you merely copy sections of the study guide or a textbook, you will be penalised. It is not necessary that you provide a list of sources or footnotes in your assignment. The length restriction for the entire assignment is six written pages or four typed pages. This assignment covers parts of Study Guide 1: 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) Question 2 A has sold uncut diamonds to B for an amount of R100,000 in contravention of statutory law. B has paid the amount but before the diamonds could be delivered, the money was confiscated by the police during a raid of A’s house. Advise B on the availability of an enrichment action to reclaim the R100,000. Refer to relevant case law. Total: 25 marks (10)

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, VL3704 Assignment 1 Semester 1 2026 - Due 20
March 2026; 100 % TRUSTED w
PVL3704 – Assignment 1 Solutions
Semester 1, 2026
Total Marks: 25


QUESTION 1 (15 marks)
Discuss the general requirement that the defendant’s enrichment
must have been at the expense of the plaintiff. Refer to case law.
Answer:
In an action for unjustified enrichment, one of the key requirements is
that the defendant must have been enriched at the expense of the
plaintiff. This requirement ensures that there is a direct causal
connection between the plaintiff’s loss and the defendant’s gain. The
law does not allow a plaintiff to claim enrichment if the enrichment
occurred independently of the plaintiff’s contribution.
1. Conceptual Basis
 The enrichment must be patrimonial, meaning it must relate to
property or economic value (see First National Bank of SA Ltd v
Perry NO 2001 (4) SA 129 (C)).
 There must be a causal link between the plaintiff’s loss and the
defendant’s gain. If the defendant gains from an independent
source, the enrichment is not “at the expense of the plaintiff”.

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