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PVL3704 Assignment 1 (ANSWERS) Semester 1 2025 - DISTINCTION GUARANTEED

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Well-structured PVL3704 Assignment 1 (ANSWERS) Semester 1 2025 - DISTINCTION GUARANTEED. (DETAILED ANSWERS - DISTINCTION GUARANTEED!)....Question 1 Discuss (by reference to relevant case law) the requirement that the enrichment must have been sine causa. (10) Question 2 A is the owner of a car manufacturing factory in Gqeberha (formerly known as Port Elizabeth). He recently settled his electricity bill in full with the Nelson Mandela Metropolitan Municipality. However, to his surprise he has just received a letter from the same municipality in which they threaten to cut his electricity if he doesn’t immediately pay his “arrear account” of R300 000. A knows that there must be a mistake, because his account is paid in full, but also knows that if there is a disruption in his electricity supply, he will suffer severe losses. He pays the amount immediately and sends a letter of complaint to the Municipality. Advise A whether he will be able to reclaim the R300 000 he paid, and if so, in terms of which remedy? In your answer discuss the requirements of this remedy.

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PVL3704
Assignment 1 Semester 1 2025
Unique Number:
Due Date: 13 March 2025


QUESTON 1 (3 ANSWERS PROVIDED)

The requirement that enrichment must have been sine causa means that the enrichment
must be without a sufficient legal basis. In other words, there must be no valid legal ground
justifying the transfer of value from the impoverished party to the enriched party. Courts
have developed this principle through various cases, analyzing when an enrichment is
deemed unjustified.

In Trust Bank van Afrika Bpk v Van der Walt 1962 (1) SA 174 (T) interpretation, enrichment
is unjustified if there is no obligation between the enriched and impoverished party, while
De Vos emphasizes the absence of a sufficient legal ground. The courts have used these
perspectives to determine whether claims under the condictio sine causa can succeed.




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Connected book
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D. P. Visser Unjustified Enrichment
Publisher: 2008 ISBN: 9780702176913 Edition: Unknown

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