PVL3704 Assignment 1
Semester 2 2024 - DUE
15 August 2024
[Company address]
, PVL3704 Assignment 1 Semester 2 2024 - DUE 15 August 2024
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)
Question 1: Calculation of the Extent of Enrichment Liability
The extent of enrichment liability, or the quantum of an enrichment claim, is generally
determined by assessing the amount by which the defendant has been enriched at the
expense of the plaintiff. This assessment involves several key principles and factors:
Semester 2 2024 - DUE
15 August 2024
[Company address]
, PVL3704 Assignment 1 Semester 2 2024 - DUE 15 August 2024
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)
Question 1: Calculation of the Extent of Enrichment Liability
The extent of enrichment liability, or the quantum of an enrichment claim, is generally
determined by assessing the amount by which the defendant has been enriched at the
expense of the plaintiff. This assessment involves several key principles and factors:
