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Pvl3704 Assignment 2 Semester 2 2024 MCQ Due on 11 September 2024 100% grading

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Pvl3704 Assignment 2 Semester 2 2024 MCQ with 100% grading









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Uploaded on
September 10, 2024
Number of pages
8
Written in
2024/2025
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PVL3704-24-S2  Welcome Message  Assessment 2

QUIZ




Started on Tuesday, 10 September 2024, 11:59 AM
State Finished
Completed on Tuesday, 10 September 2024, 12:06 PM
Time taken 6 mins 47 secs
Marks 20.00/20.00
Grade 100.00 out of 100.00


Question 1

Correct

Mark 2.00 out of 2.00




A, an American tourist, has leased a vehicle from B. While travelling in the Northern Cape, the vehicle breaks down. A
contracts with C, a garage in Springbok, to repair the vehicle at a cost of R12,000. After two days A leases another vehicle
from X and completes his trip. He departs for America. C wants to claim the R12,000 from B.

Which statement best explains whether C has a claim against B and the authority on which it is based?


a. In terms of the decision in Gouws v Jester Pools (Pty) Ltd 1968 3 SA 63 (T) it was held that C has no claim against B
because B had not been enriched.

b. In terms of the decision in Gouws v Jester Pools (Pty) Ltd 1968 3 SA 63 (T) it was held that C has no claim 
against B because B has not been enriched at C's expense.

c. The decision in the Gouws case was confirmed in Buzzard Electrical v 158 Jan Smuts Avenue Investments 1996 4
SA 19 (A)

d. The decision in the Gouws case was rejected in Buzzard Electrical v 158 Jan Smuts Avenue Investments 1996 4 SA
19 (A)

e. The decision in the Gouws case was overruled in Brooklyn House Furnishers Ltd V Knoetze & Sons 1970 3 SA 264
(A)




Your answer is correct.

This set of facts relates to indirect enrichment. Please note that there is a contractual relationship between A and B, as well
as between A and C and eventually also between A and X. Last-mentioned contract is not relevant for this set of facts. Also
take note that there is no contractual relationship between B and C. Look again at the decisions in Gouws v Jester Pools and
the Buzzard Electrical-case.

The correct answer is:
In terms of the decision in Gouws v Jester Pools (Pty) Ltd 1968 3 SA 63 (T) it was held that C has no claim against B because
B has not been enriched at C's expense.

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