PVL3704
Assignment 1 Semester 2 – 2023
Unique Number: NA
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. (10)
Identification of the correct action:
The relevant unjustified enrichment action in this case is condictio ob turpem vel
iniustam causam – this action is used to reclaim the money or property that has been
transferred in terms of an illegal, or unlawful, agreement.
Requirements
Assignment 1 Semester 2 – 2023
Unique Number: NA
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. (10)
Identification of the correct action:
The relevant unjustified enrichment action in this case is condictio ob turpem vel
iniustam causam – this action is used to reclaim the money or property that has been
transferred in terms of an illegal, or unlawful, agreement.
Requirements
