,PVL3704 Assignment 1 (COMPLETE ANSWERS)
Semester 2 2025 - DUE 21 August 2025; 100%
TRUSTED Complete, trusted solutions and
explanations
MULTIPLE CHOICE,ASSURED EXCELLENCE
QUESTION 1 — How the extent (quantum) of enrichment
liability is calculated (brief)
The aim of enrichment liability is restitutio in integrum:
remove the defendant’s unjustified benefit and restore the
claimant’s patrimonial position. Key principles used to
calculate quantum:
Measure the enrichment — quantify the value of the
benefit the defendant received (not merely the
defendant’s subjective gain). Use market value at time of
enrichment (or reasonable valuation: invoice price,
market rate, replacement cost, rental value for use of
property, etc.).
Measure the claimant’s impoverishment — compare
what the claimant lost (actual transfer, services rendered)
and use the lesser of enrichment and impoverishment
where appropriate.
Approach — generally the claim equals the value of
enrichment (what the defendant got). If return-in-kind is
, possible, the court may order specific restitution;
otherwise monetary equivalent.
Deductions / adjustments:
o amounts properly due to the defendant (if any),
o necessary expenses the defendant incurred that
were caused by the enrichment (may be deducted),
o value of services or benefits the defendant conferred
back to claimant,
o change-of-position defence: if defendant in bona
fide relied on the enrichment and changed position
to his detriment, recovery may be reduced or barred
to avoid injustice.
Interest and consequential items — courts commonly
award interest on the restitutionary sum from date of
unjust enrichment/payment; consequential loss claims
are separate and need their own basis (e.g. delict or
breach).
Practical method — identify the unjust transfer/benefit
→ value it reasonably at the relevant time → deduct
lawful/justified amounts or proven expenses → adjust for
bona fide change of position → add interest where
appropriate.
Semester 2 2025 - DUE 21 August 2025; 100%
TRUSTED Complete, trusted solutions and
explanations
MULTIPLE CHOICE,ASSURED EXCELLENCE
QUESTION 1 — How the extent (quantum) of enrichment
liability is calculated (brief)
The aim of enrichment liability is restitutio in integrum:
remove the defendant’s unjustified benefit and restore the
claimant’s patrimonial position. Key principles used to
calculate quantum:
Measure the enrichment — quantify the value of the
benefit the defendant received (not merely the
defendant’s subjective gain). Use market value at time of
enrichment (or reasonable valuation: invoice price,
market rate, replacement cost, rental value for use of
property, etc.).
Measure the claimant’s impoverishment — compare
what the claimant lost (actual transfer, services rendered)
and use the lesser of enrichment and impoverishment
where appropriate.
Approach — generally the claim equals the value of
enrichment (what the defendant got). If return-in-kind is
, possible, the court may order specific restitution;
otherwise monetary equivalent.
Deductions / adjustments:
o amounts properly due to the defendant (if any),
o necessary expenses the defendant incurred that
were caused by the enrichment (may be deducted),
o value of services or benefits the defendant conferred
back to claimant,
o change-of-position defence: if defendant in bona
fide relied on the enrichment and changed position
to his detriment, recovery may be reduced or barred
to avoid injustice.
Interest and consequential items — courts commonly
award interest on the restitutionary sum from date of
unjust enrichment/payment; consequential loss claims
are separate and need their own basis (e.g. delict or
breach).
Practical method — identify the unjust transfer/benefit
→ value it reasonably at the relevant time → deduct
lawful/justified amounts or proven expenses → adjust for
bona fide change of position → add interest where
appropriate.
