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PVL3704 Assignment 2 (ANSWERS) Semester 2 2025 - DISTINCTION GUARANTEED

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PVL3704
Assignment 2 Semester 2 2025
2 2025
Unique Number:
Due date: September 2025


Started on Saturday, 6 September 2025, 1:06 AM
State Finished
Completed on Saturday, 6 September 2025, 1:18 AM
Time taken 11 mins 42 secs
Marks 20.00/20.00
Grade 100.00 out of 100.00




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Started on Saturday, 6 September 2025, 1:06 AM
State Finished
Completed on Saturday, 6 September 2025, 1:18 AM
Time taken 11 mins 42 secs
Marks 20.00/20.00
Grade 100.00 out of 100.00
Question 1
Correct
Mark 2.00 out of 2.00

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Question text
A has demanded payment from B of an amount of R50,000 which he believes B is owing. B has
checked its records and has paid the amount in the bona fide belief that the amount is owing 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 in to 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.
Which statement best explains the nature of B’s claim against A?



a.
B has a claim against A based on delict for a fraudulent misstatement.


b.
B has contractual claim against A based on their contract.


c.
B has an enrichment claim against A based on the condictio causa data causa non secuta.


d.
B has an enrichment claim against A based on the condictio indebiti.


e.
B has no claim against A because he paid the amount voluntarily.
Feedback
Your answer is correct.
This question deal with the condictio indebiti and its requirements. The claim cannot be delictual
because A's misrepresentation was innocently made. The claim can also not be based on the
contract, because there had already been payment which extinguished the duty to pay in terms of
the contract. Next evaluate the answers against the requirements of the condictio indebiti. Here
the one party made a bona fide payment that was not owing and under circumstances that were
excusable, partly because the mistake was induced by A's misrepresentation.

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