Semester 2 2025 - DUE 21 August 2025; 100%
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MULTIPLE CHOICE,ASSURED EXCLLENCE
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. (15 marks)
The extent of enrichment liability (quantum of an enrichment
claim) is calculated using the amount by which the defendant
(enriched party) has been enriched at the expense of the
plaintiff (impoverished party). Several general principles guide
this calculation:
1. Value of Enrichment:
The liability is based on the value of the enrichment
received by the defendant, not necessarily the amount
lost by the plaintiff. It is calculated at the time the
enrichment was received, unless specific circumstances
require a different point in time.
2. Unjustified Enrichment:
The enrichment must lack legal justification. If the
enrichment was legally justified (e.g., a valid contract),
there is no claim.