PVL3704 Enrichment, Estoppel, and Liability
Assignment 1 2022
Unique number: 664372
Question 1
Discuss in general (without reference to a specific enrichment action) how the
extent of enrichment liability (or the quantum of the enrichment claim) will be
calculated. (10)
In principle, the plaintiff is allowed to claim the amount he has been impoverished, or
the amount the defendant has been enriched whichever is lesser. The quantum of the
enrichment claim is calculated at the time the claim is instituted. Meaning that the
defendant is not liable for benefits that, due to his enrichment, could have gained, but
did not. If the defendant’s enrichment has been reduced before the claim has been
instituted, his liability will also be reduced. The onus to prove non-enrichment lies
within the defendant.
In four instances the quantum will be calculated before the date of institution of the
action:
a. At the moment the defendant becomes aware of the enrichment
b. At an earlier stage if the defendant should have known that the benefit was not
justified.
c. When the defendant falls into mora, and
d. An earlier date if the defendant acted mala fide.
However, these exceptions do not apply in the case of minors.
In qualifying the claim all positive and negative side effects should be taken into
account. Interest earned on money in the hands of the defendant before litis
contestation cannot be claimed by the plaintiff, but after mora, the plaintiff can claim
mora interest.
If the defendant spent money on something he would not have done if it was not for
the enrichment, he can raise the defence of non-enrichment. However, if all or part of
what he spent the money on, for example, goods, is still of value and in his or her
Assignment 1 2022
Unique number: 664372
Question 1
Discuss in general (without reference to a specific enrichment action) how the
extent of enrichment liability (or the quantum of the enrichment claim) will be
calculated. (10)
In principle, the plaintiff is allowed to claim the amount he has been impoverished, or
the amount the defendant has been enriched whichever is lesser. The quantum of the
enrichment claim is calculated at the time the claim is instituted. Meaning that the
defendant is not liable for benefits that, due to his enrichment, could have gained, but
did not. If the defendant’s enrichment has been reduced before the claim has been
instituted, his liability will also be reduced. The onus to prove non-enrichment lies
within the defendant.
In four instances the quantum will be calculated before the date of institution of the
action:
a. At the moment the defendant becomes aware of the enrichment
b. At an earlier stage if the defendant should have known that the benefit was not
justified.
c. When the defendant falls into mora, and
d. An earlier date if the defendant acted mala fide.
However, these exceptions do not apply in the case of minors.
In qualifying the claim all positive and negative side effects should be taken into
account. Interest earned on money in the hands of the defendant before litis
contestation cannot be claimed by the plaintiff, but after mora, the plaintiff can claim
mora interest.
If the defendant spent money on something he would not have done if it was not for
the enrichment, he can raise the defence of non-enrichment. However, if all or part of
what he spent the money on, for example, goods, is still of value and in his or her
