Assignment 1 Semester 1 2024
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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)
a) causal link between enrichment and impoverishment
In order to establish liability for enrichment, it is not enough to simply demonstrate
that the defendant has gained wealth while the plaintiff has suffered a loss. There
must be a direct connection between the enrichment and the destitution in
question. The defendant's gain must come at the cost of the plaintiff. Typically, this
criterion has few challenges since the connection between cause and effect is
usually evident.