PVL3704
Assignment 1
Semester 1 – 2023
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)
Answer:
a) causal link between enrichment and impoverishment
If a defendant is to be held liable for enrichment, it is not sufficient to prove that the
defendant has been enrich and the plaintiff impoverished. A causal link must exist
between the enrichment and the impoverishment concerned. The defendant’s
enrichment must be at the expense of the plaintiff. Normally this requirement causes
little difficulty since in most cases the causal link is obvious.
Assignment 1
Semester 1 – 2023
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)
Answer:
a) causal link between enrichment and impoverishment
If a defendant is to be held liable for enrichment, it is not sufficient to prove that the
defendant has been enrich and the plaintiff impoverished. A causal link must exist
between the enrichment and the impoverishment concerned. The defendant’s
enrichment must be at the expense of the plaintiff. Normally this requirement causes
little difficulty since in most cases the causal link is obvious.
