PVL3704
ASSIGNMENT 1 2025
DUE 21 AUGUST 2025
, PVL3704 ASSIGNMENT 1 2025
SECOND SEMESTER 2025
DUE DATE: 21 AUGUST 2025
Please note that there are two questions in this assignment. Both questions
must be answered, but only one question will be marked. The other question is
a self-assessment activity, but detailed feedback will be provided to you during
the cause of the semester. This is a compulsory assignment for PVL3704.
This assignment should be submitted by all students registered for the SECOND
SEMESTER. This is a written assignment. For instructions on the submission of written
assignments, please see Study @ Unisa. We will supply you with detailed general
comments on the assignment itself during the cause of the semester.
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.
South African law has not recognized a single “general” enrichment action, but the
courts apply general principles underlying all enrichment claims. In Kudu Granite
Operations v Caterna Ltd (2003) the SCA affirmed that any enrichment claim must
satisfy certain general requirements (enrichment, impoverishment, causation,
absence of legal ground) before liability arises. Glenrand MIB v van den Heever
(2013) likewise confirms that, despite no autonomous enrichment action, a claimant
must meet at least four general requirements. Against this backdrop, the quantum of
liability i.e. the amount to be restored is determined by measuring the value of the
benefit retained by the defendant (or the corresponding loss to the plaintiff) subject to
the legal constraints.
ASSIGNMENT 1 2025
DUE 21 AUGUST 2025
, PVL3704 ASSIGNMENT 1 2025
SECOND SEMESTER 2025
DUE DATE: 21 AUGUST 2025
Please note that there are two questions in this assignment. Both questions
must be answered, but only one question will be marked. The other question is
a self-assessment activity, but detailed feedback will be provided to you during
the cause of the semester. This is a compulsory assignment for PVL3704.
This assignment should be submitted by all students registered for the SECOND
SEMESTER. This is a written assignment. For instructions on the submission of written
assignments, please see Study @ Unisa. We will supply you with detailed general
comments on the assignment itself during the cause of the semester.
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.
South African law has not recognized a single “general” enrichment action, but the
courts apply general principles underlying all enrichment claims. In Kudu Granite
Operations v Caterna Ltd (2003) the SCA affirmed that any enrichment claim must
satisfy certain general requirements (enrichment, impoverishment, causation,
absence of legal ground) before liability arises. Glenrand MIB v van den Heever
(2013) likewise confirms that, despite no autonomous enrichment action, a claimant
must meet at least four general requirements. Against this backdrop, the quantum of
liability i.e. the amount to be restored is determined by measuring the value of the
benefit retained by the defendant (or the corresponding loss to the plaintiff) subject to
the legal constraints.
