PVL3704
ASSIGNMENT 1 (SEMESTER 1)
DUE 20 MARCH 2026
QUESTION 1
Discuss the general requirement that the defendant’s enrichment must have been
at the expense of the plaintiff. Refer in your answer to case law. (15)
In South African law, one of the essential requirements for an unjustified enrichment
claim is that the defendant’s enrichment must have been at the expense of the plaintiff.
This requirement creates a necessary link between the defendant’s gain and the
plaintiff’s loss. It is not sufficient that the defendant has been enriched and that the
plaintiff has suffered a loss. The law requires that the enrichment must correspond with
the plaintiff’s impoverishment in a legally relevant manner.
To succeed with an enrichment action, the plaintiff must prove four general
requirements. First, the defendant must be enriched. Second, the plaintiff must be
ASSIGNMENT 1 (SEMESTER 1)
DUE 20 MARCH 2026
QUESTION 1
Discuss the general requirement that the defendant’s enrichment must have been
at the expense of the plaintiff. Refer in your answer to case law. (15)
In South African law, one of the essential requirements for an unjustified enrichment
claim is that the defendant’s enrichment must have been at the expense of the plaintiff.
This requirement creates a necessary link between the defendant’s gain and the
plaintiff’s loss. It is not sufficient that the defendant has been enriched and that the
plaintiff has suffered a loss. The law requires that the enrichment must correspond with
the plaintiff’s impoverishment in a legally relevant manner.
To succeed with an enrichment action, the plaintiff must prove four general
requirements. First, the defendant must be enriched. Second, the plaintiff must be
