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Exam (elaborations)

PVL3704 Assignment 01 solutions- Semester one- 2023

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This document contains solutions and answers for PVL3704 Assignment One, Semester 01- 2023. It is fully answered with relevant Authorities/ Case laws.

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February 26, 2023
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PVL3704 2023 SEMESTER ONE
ASSIGNMENT ONE ANSWERS



ASSIGNMENT 01: FIRST SEMESTER 2023

DUE DATE: 06 April 2023

NO EXTENSION!

COMPULSORY ASSIGNMENT:

This module has two compulsory assignments and students must submit both
assignments. Please note that only one of the two assignments will contribute
towards your year mark, but you must submit both assignments.




Please note: This is a compulsory assignment for PVL3704.

This assignment should be submitted by all students registered for the FIRST
SEMESTER.

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 study units 1 to 4 of Study Guide 1: Unjustified
Enrichment

Liability.




QUESTIONS AND SOLUTIONS TO THE ASSIGNMENT- PVL3701




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.




The general requirement is that there must be a causal link between the enrichment
and the impoverishment. The enrichment must be at the expense of the plaintiff.


Indirect Enrichment


A and B enter into a contract. A renders performance to B, but benefit of the
performance accrues to C.


Example: A contracts with B to build swimming pool for B. A builds pool on C’s
property believing it to be that of B’s.



CASE LAW AUTHORITIES

DE VOS CASE: it was held that, the fact that B is penniless cannot affect the
relationship between A and C and that C is enriched at B’s expense, not A’s. A
cannot bring an enrichment action against C.

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