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PVL3704 Assignment 1 (COMPLETE ANSWERS) Semester 2 2024 - DUE 15 August 2024

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PVL3704 Assignment 1 (COMPLETE ANSWERS) Semester 2 2024 - DUE 15 August 2024 ; 100% TRUSTED Complete, trusted solutions and explanations. For assistance, Whats-App 0.6.7-1.7.1-1.7.3.9. Ensure your success with us ... Question 1 Discuss in general (without reference to a specific enrichment action) how the extent of enrichment liability (or the quantum of the enrichment claim) will be calculated. (10) Question 2 A has demanded payment from B of an amount of R50,000 which he believes B is owing. B has checked his records and has paid the amount in the bona fide belief that the amount is owed in terms of their contract. Unbeknown to B, his bookkeeper, C had already paid the amount a week earlier by way of an electronic funds transfer into the account of A. At the time of the second payment A's account was overdrawn in the amount of R30,000 and was therefore in credit of R20,000 after the payment. A has taken R15,000 out of his account to pay his employees their monthly wages. He has also paid R10,000 for a luxury weekend after realising that his account was in credit. Discuss whether B has a claim against A and, if so, how much he may claim. (10)

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PVL3704
Assignment 1 Semester 2 2024
Detailed Solutions, References & Explanations

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Due Date: 15 August 2024


QUESTION 1 (3 ANSWERS PROVIDED)

The fundamental principle in determining the quantum of an enrichment claim is that the plaintiff
can claim the lesser of either the amount by which they have been impoverished or the amount
by which the defendant has been enriched. This ensures that the defendant is not held liable for
more than the benefit received and prevents unjust enrichment beyond the plaintiff's loss.

The quantum of the enrichment claim is typically assessed at the time the claim is instituted.
This timing is crucial because the defendant's liability is based on the enrichment they hold at
that moment.




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