PVL3704
Assignment 1 Semester 1 2026
Unique number:
Due Date: 20 March 2026
QUESTION 1
The requirement that the defendant’s enrichment must have been at the expense of the
plaintiff means that there must be a causal link between the plaintiff’s impoverishment and
the defendant’s enrichment.1 It is not enough that one party is enriched and another
impoverished; the enrichment must result directly or sufficiently closely from the
impoverishment. In most cases this requirement is easily satisfied, for example where
money or property moves directly from the plaintiff’s estate to the defendant’s estate.1
Difficulties arise mainly in cases of indirect enrichment, where an intermediary stands
between the impoverished plaintiff and the enriched defendant.
The problem of indirect enrichment typically occurs where A contracts with B and performs
in terms of that contract, but the benefit of the performance accrues to C. The question then
is whether C is enriched at the expense of A or at the expense of B. De Vos argues that the
juridical relationship between A and C is unaffected by B’s inability to pay, and that C is
enriched at B’s expense, not A’s.1 On this view, A’s remedy lies against B only, even if B is
insolvent. Terms of use
By making use of this document you agree to:
Use this document as a guide for learning, comparison and reference purpose,
Terms of use
Not to duplicate, reproduce and/or misrepresent the contents of this document as your own work,
By making use of this document you agree to:
Use this document
Fully accept the consequences
solely as a guide forshould you plagiarise
learning, reference,or and
misuse this document.
comparison purposes,
Ensure originality of your own work, and fully accept the consequences should you plagiarise or misuse this document.
Comply with all relevant standards, guidelines, regulations, and legislation governing academic and written work.
Disclaimer
Great care has been taken in the preparation of this document; however, the contents are provided "as is" without any express or
implied representations or warranties. The author accepts no responsibility or liability for any actions taken based on the
information contained within this document. This document is intended solely for comparison, research, and reference purposes.
Reproduction, resale, or transmission of any part of this document, in any form or by any means, is strictly prohibited.
Assignment 1 Semester 1 2026
Unique number:
Due Date: 20 March 2026
QUESTION 1
The requirement that the defendant’s enrichment must have been at the expense of the
plaintiff means that there must be a causal link between the plaintiff’s impoverishment and
the defendant’s enrichment.1 It is not enough that one party is enriched and another
impoverished; the enrichment must result directly or sufficiently closely from the
impoverishment. In most cases this requirement is easily satisfied, for example where
money or property moves directly from the plaintiff’s estate to the defendant’s estate.1
Difficulties arise mainly in cases of indirect enrichment, where an intermediary stands
between the impoverished plaintiff and the enriched defendant.
The problem of indirect enrichment typically occurs where A contracts with B and performs
in terms of that contract, but the benefit of the performance accrues to C. The question then
is whether C is enriched at the expense of A or at the expense of B. De Vos argues that the
juridical relationship between A and C is unaffected by B’s inability to pay, and that C is
enriched at B’s expense, not A’s.1 On this view, A’s remedy lies against B only, even if B is
insolvent. Terms of use
By making use of this document you agree to:
Use this document as a guide for learning, comparison and reference purpose,
Terms of use
Not to duplicate, reproduce and/or misrepresent the contents of this document as your own work,
By making use of this document you agree to:
Use this document
Fully accept the consequences
solely as a guide forshould you plagiarise
learning, reference,or and
misuse this document.
comparison purposes,
Ensure originality of your own work, and fully accept the consequences should you plagiarise or misuse this document.
Comply with all relevant standards, guidelines, regulations, and legislation governing academic and written work.
Disclaimer
Great care has been taken in the preparation of this document; however, the contents are provided "as is" without any express or
implied representations or warranties. The author accepts no responsibility or liability for any actions taken based on the
information contained within this document. This document is intended solely for comparison, research, and reference purposes.
Reproduction, resale, or transmission of any part of this document, in any form or by any means, is strictly prohibited.
