SEMESTER 2 - 2023
UNIQUE NUMBER:
DUE DATE:
, ASSIGNMENT 1
UNIQUE NUMBER:
CLOSING DATE:
MARKS: 20
QUESTION 1
C and D have concluded an agreement which is invalid because it is illegal. C has already
paid R250.000 to D. Explain whether C will be successful with the condictio indebiti in
claiming the money from D.
Would it have made any difference in your answer if the contract had been void due to
non-compliance with statutory formality requirements? Motivate fully.
QUESTION 2
Critically discuss the requirement that the mistake must be reasonable (iustus error) when
relying on the condictio indebiti. Refer to case law and academic opinion on this matter.
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