PVL3704 Enrichment Liability and Estoppel

QUESTION 1 Discuss the causality (at the expense of requirement) requirement of enrichment liability. (10) QUESTION 2 In McCarthy Retail Ltd v Shortdistance Carriers CC 2001 (3) SA 482 (SCA) para [9] the court said: “We now know from the hard print that there is a common-law basis for the acceptance of a general enrichment action, at least one of a subsidiary nature. In this respect the decision of the majority in Nortje’s case has been shown by the then largely dormant authority to b...

PVL3704 Assignment 2 Semester 1 2023

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Question 1 The enrichment must be at the expense of the plaintiff. “If a defendant is to be held liable for enrichment, it is not sufficient that he or she has been enriched, and that the plaintiff has been impoverished. “For a general claim of enrichment certain requirements must be met for the defendant to be liable. South African law makes provision for the fact that a person should, in principle, be entitled to institute an action for restitution where their estate was impoverished w...

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PVL3704 ASSIGNMENT 2 SEMESTER 1 OF 2023 []