PVL3704 ASSIGNMENT 1 SEMESTER 2 2026 COMPLETE EXAM: ENRICHMENT LIABILITY
AND ESTOPPEL
SECTION A: THE NATURE AND SCOPE OF UNJUSTIFIED ENRICHMENT LIABILITY
1. What is the primary justification for the existence of unjustified enrichment liability
in a developed legal system?
A. To punish wrongdoers for unlawful conduct
B. To ensure contractual obligations are enforced
C. To prevent one person from being unjustly enriched at the expense of another where no
legal ground exists
D. To provide a remedy for all instances of financial loss
Answer: C
Rationale: Unjustified enrichment liability exists to correct situations where one party's
estate is enriched without legal cause at the expense of another's impoverishment,
ensuring fairness where contract, delict, or other legal grounds are absent .
2. In South African law, which statement best describes the current status of a general
principle of unjustified enrichment?
A. There is a fully unified general principle recognised by all courts
B. The courts have rejected any general principle of unjustified enrichment
C. While courts have extended liability, there is no unqualified judicial recognition of a
unified general principle
D. The Constitution has created a unified principle of enrichment liability
Answer: C
Rationale: In McCarthy Retail Ltd v Shortdistance Carriers, the court noted that unlike other
branches of law, Roman source material has not led to unqualified judicial recognition of a
unified general principle of unjustified enrichment .
,3. Which of the following correctly describes the relationship between enrichment
liability and contract law?
A. Enrichment liability always applies when a contract is invalid
B. Enrichment liability may apply where no valid contract exists or where a contract is void
C. Enrichment liability never applies when there is any form of agreement between parties
D. Enrichment liability only applies to quasi-contractual relationships
Answer: B
Rationale: Enrichment liability provides a remedy where one party has been enriched
without legal grounds, including situations where a purported contract is void and there is
no legal reason for the transfer .
4. In assessing whether enrichment has occurred, the court will consider:
A. Only the defendant's subjective perception of benefit
B. Only the plaintiff's actual loss
C. The objective value of the benefit received by the defendant
D. The moral worthiness of the defendant's conduct
Answer: C
Rationale: Enrichment is assessed objectively based on the value of the benefit received by
the defendant, regardless of whether the defendant subjectively appreciated the benefit .
5. The principle of subsidiarity in enrichment law means that:
A. Enrichment claims are always secondary to property claims
B. Enrichment actions are only available when no other remedy exists
C. Enrichment claims must be brought in subsidiarity with other claims
D. The defendant can raise subsidiary defences
Answer: B
Rationale: The subsidiarity principle requires that enrichment actions are only available
when the plaintiff has no other legal remedy, such as a contractual or delictual claim .
6. Which of the following is NOT a requirement for an enrichment claim in South
African law?
A. The defendant must be enriched
B. The plaintiff must be impoverished
C. The defendant must have acted mala fide
D. The enrichment must be unjustified
Answer: C
Rationale: Mala fides is not a general requirement for all enrichment claims. Different
condictiones have varying requirements regarding knowledge and fault .
,7. In quantifying enrichment liability, the court will generally:
A. Always award the full amount of the plaintiff's impoverishment
B. Award the lesser amount between the plaintiff's impoverishment and the defendant's
enrichment
C. Award the greater amount between the plaintiff's impoverishment and the defendant's
enrichment
D. Award an amount based on the defendant's ability to pay
Answer: B
Rationale: The quantum of the enrichment claim is calculated as the lesser of the plaintiff's
impoverishment and the defendant's enrichment, calculated at the time the claim is
instituted .
8. Which of the following represents a valid defence to an enrichment claim?
A. The defendant acted in good faith throughout
B. The defendant's enrichment has been reduced or extinguished before the claim was
instituted
C. The plaintiff acted negligently
D. The defendant did not intend to enrich himself
Answer: B
Rationale: If the defendant's enrichment has been reduced or extinguished before the
claim is instituted, liability will be reduced or extinguished accordingly, subject to
exceptions .
9. The onus to prove non-enrichment lies with:
A. The plaintiff
B. The defendant
C. The court
D. Both parties equally
Answer: B
Rationale: The onus to prove that enrichment has been reduced or extinguished rests on
the defendant who raises the defence of non-enrichment .
10. In which of the following circumstances will quantum be calculated before the
date of institution of the action?
A. When the defendant becomes aware of the enrichment
B. When the defendant should have known the benefit was not justified
C. When the defendant falls into mora
D. All of the above
Answer: D
, Rationale: Quantum is calculated earlier in four instances: when defendant becomes
aware of enrichment, when defendant should have known the benefit wasn't justified,
when defendant falls into mora, and when defendant acted mala fide .
11. Which statement correctly describes the position regarding interest on money in
the hands of the defendant?
A. Interest can always be claimed from the date of payment
B. Interest earned before litis contestatio cannot be claimed by the plaintiff
C. Interest can never be claimed on enrichment claims
D. Interest is always calculated at the statutory rate
Answer: B
Rationale: Interest earned on money in the hands of the defendant before litis contestatio
cannot be claimed by the plaintiff, but after mora, the plaintiff can claim mora interest .
12. In considering whether to award enrichment liability, courts apply which principle
drawn from Roman law?
A. Nemo dat quod non habet
B. Nullum crimen sine lege
C. Nemo alterius facto praegravari debet
D. Res perit domino
Answer: C
Rationale: The principle that no one should be enriched at another's expense forms the
basis of enrichment liability in South African law, derived from Roman law sources .
13. What role does the Constitution play in enrichment liability?
A. The Constitution provides a direct cause of action for enrichment claims
B. The Constitution may influence development of enrichment principles but does not
provide direct causes of action
C. The Constitution has abolished all enrichment claims
D. The Constitution only applies to state enrichment
Answer: B
Rationale: While section 25 of the Constitution protects property rights, it does not directly
create enrichment claims but may influence the development of common law principles .
14. Which statement best describes the relationship between enrichment law and
property law?
A. Enrichment law completely replaced property law remedies
B. Enrichment law operates independently of property law
C. Enrichment law may provide remedies where property law principles would result in
unjust enrichment
AND ESTOPPEL
SECTION A: THE NATURE AND SCOPE OF UNJUSTIFIED ENRICHMENT LIABILITY
1. What is the primary justification for the existence of unjustified enrichment liability
in a developed legal system?
A. To punish wrongdoers for unlawful conduct
B. To ensure contractual obligations are enforced
C. To prevent one person from being unjustly enriched at the expense of another where no
legal ground exists
D. To provide a remedy for all instances of financial loss
Answer: C
Rationale: Unjustified enrichment liability exists to correct situations where one party's
estate is enriched without legal cause at the expense of another's impoverishment,
ensuring fairness where contract, delict, or other legal grounds are absent .
2. In South African law, which statement best describes the current status of a general
principle of unjustified enrichment?
A. There is a fully unified general principle recognised by all courts
B. The courts have rejected any general principle of unjustified enrichment
C. While courts have extended liability, there is no unqualified judicial recognition of a
unified general principle
D. The Constitution has created a unified principle of enrichment liability
Answer: C
Rationale: In McCarthy Retail Ltd v Shortdistance Carriers, the court noted that unlike other
branches of law, Roman source material has not led to unqualified judicial recognition of a
unified general principle of unjustified enrichment .
,3. Which of the following correctly describes the relationship between enrichment
liability and contract law?
A. Enrichment liability always applies when a contract is invalid
B. Enrichment liability may apply where no valid contract exists or where a contract is void
C. Enrichment liability never applies when there is any form of agreement between parties
D. Enrichment liability only applies to quasi-contractual relationships
Answer: B
Rationale: Enrichment liability provides a remedy where one party has been enriched
without legal grounds, including situations where a purported contract is void and there is
no legal reason for the transfer .
4. In assessing whether enrichment has occurred, the court will consider:
A. Only the defendant's subjective perception of benefit
B. Only the plaintiff's actual loss
C. The objective value of the benefit received by the defendant
D. The moral worthiness of the defendant's conduct
Answer: C
Rationale: Enrichment is assessed objectively based on the value of the benefit received by
the defendant, regardless of whether the defendant subjectively appreciated the benefit .
5. The principle of subsidiarity in enrichment law means that:
A. Enrichment claims are always secondary to property claims
B. Enrichment actions are only available when no other remedy exists
C. Enrichment claims must be brought in subsidiarity with other claims
D. The defendant can raise subsidiary defences
Answer: B
Rationale: The subsidiarity principle requires that enrichment actions are only available
when the plaintiff has no other legal remedy, such as a contractual or delictual claim .
6. Which of the following is NOT a requirement for an enrichment claim in South
African law?
A. The defendant must be enriched
B. The plaintiff must be impoverished
C. The defendant must have acted mala fide
D. The enrichment must be unjustified
Answer: C
Rationale: Mala fides is not a general requirement for all enrichment claims. Different
condictiones have varying requirements regarding knowledge and fault .
,7. In quantifying enrichment liability, the court will generally:
A. Always award the full amount of the plaintiff's impoverishment
B. Award the lesser amount between the plaintiff's impoverishment and the defendant's
enrichment
C. Award the greater amount between the plaintiff's impoverishment and the defendant's
enrichment
D. Award an amount based on the defendant's ability to pay
Answer: B
Rationale: The quantum of the enrichment claim is calculated as the lesser of the plaintiff's
impoverishment and the defendant's enrichment, calculated at the time the claim is
instituted .
8. Which of the following represents a valid defence to an enrichment claim?
A. The defendant acted in good faith throughout
B. The defendant's enrichment has been reduced or extinguished before the claim was
instituted
C. The plaintiff acted negligently
D. The defendant did not intend to enrich himself
Answer: B
Rationale: If the defendant's enrichment has been reduced or extinguished before the
claim is instituted, liability will be reduced or extinguished accordingly, subject to
exceptions .
9. The onus to prove non-enrichment lies with:
A. The plaintiff
B. The defendant
C. The court
D. Both parties equally
Answer: B
Rationale: The onus to prove that enrichment has been reduced or extinguished rests on
the defendant who raises the defence of non-enrichment .
10. In which of the following circumstances will quantum be calculated before the
date of institution of the action?
A. When the defendant becomes aware of the enrichment
B. When the defendant should have known the benefit was not justified
C. When the defendant falls into mora
D. All of the above
Answer: D
, Rationale: Quantum is calculated earlier in four instances: when defendant becomes
aware of enrichment, when defendant should have known the benefit wasn't justified,
when defendant falls into mora, and when defendant acted mala fide .
11. Which statement correctly describes the position regarding interest on money in
the hands of the defendant?
A. Interest can always be claimed from the date of payment
B. Interest earned before litis contestatio cannot be claimed by the plaintiff
C. Interest can never be claimed on enrichment claims
D. Interest is always calculated at the statutory rate
Answer: B
Rationale: Interest earned on money in the hands of the defendant before litis contestatio
cannot be claimed by the plaintiff, but after mora, the plaintiff can claim mora interest .
12. In considering whether to award enrichment liability, courts apply which principle
drawn from Roman law?
A. Nemo dat quod non habet
B. Nullum crimen sine lege
C. Nemo alterius facto praegravari debet
D. Res perit domino
Answer: C
Rationale: The principle that no one should be enriched at another's expense forms the
basis of enrichment liability in South African law, derived from Roman law sources .
13. What role does the Constitution play in enrichment liability?
A. The Constitution provides a direct cause of action for enrichment claims
B. The Constitution may influence development of enrichment principles but does not
provide direct causes of action
C. The Constitution has abolished all enrichment claims
D. The Constitution only applies to state enrichment
Answer: B
Rationale: While section 25 of the Constitution protects property rights, it does not directly
create enrichment claims but may influence the development of common law principles .
14. Which statement best describes the relationship between enrichment law and
property law?
A. Enrichment law completely replaced property law remedies
B. Enrichment law operates independently of property law
C. Enrichment law may provide remedies where property law principles would result in
unjust enrichment
