PVL3704
ENRICHMENT LIABILITY AND ESTOPPEL
SEMESTER 01 ASSIGNMENRT 01
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, QUESTION 1
The requirement that the defendant’s enrichment must have been at the expense
of the plaintiff (15 marks)
Introduction
In South African enrichment law, one of the essential requirements for a
successful enrichment action is that the defendant must have been enriched at
the expense of the plaintiff. This requirement ensures that there is a direct link
between the plaintiff’s loss and the defendant’s gain. Without such a connection,
no enrichment claim can succeed.
Meaning of “at the expense of”
The phrase “at the expense of” means that the enrichment of the defendant must
correspond with the impoverishment of the plaintiff. There must be a transfer of
value from the plaintiff to the defendant, or at least a sufficiently close causal
relationship between the plaintiff’s loss and the defendant’s gain.
It is not enough that the defendant is enriched and the plaintiff is impoverished
independently. The enrichment must result from the plaintiff’s loss.
Direct and Indirect Enrichment