PVL3704
Assignment 1
Semester 2
Due 21 August 2025
, ASSIGNMENT 01 SECOND SEMESTER 2025
DUE DATE: 21 AUGUST 2025
QUESTION 1 (15 marks)
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.
The extent of enrichment liability, also referred to as the quantum of an enrichment
claim, is central to the law of unjustified enrichment in South African private law. It refers
to the amount for which the enriched party can be held liable in restitution to the
impoverished party. Importantly, this quantum is not calculated based on the
impoverishment of the plaintiff alone, but rather on the actual retained enrichment of the
defendant at the time when the legal action is instituted. This approach is firmly based
on principles set out in Study Guide 1, which distinguishes between mere enrichment
and unjustified enrichment that is recoverable in law.
To determine the quantum of an enrichment claim, the following general principles
apply:
1. Initial Enrichment of the Defendant
The first step is to establish the initial value of the enrichment the defendant received.
This typically includes any money, property, or services that led to a measurable
increase in the defendant’s estate. The enrichment must be patrimonial, meaning it
must be capable of being economically evaluated and must have either saved the
defendant expenses or increased their assets. The law does not concern itself with
sentimental or moral benefits only with objective, financial gains.
For example, if a defendant received a car, the market value of that car at the time of
transfer would constitute the initial enrichment. If a defendant received services, such as
building work or legal advice, the value of those services in monetary terms forms the
initial enrichment.
Assignment 1
Semester 2
Due 21 August 2025
, ASSIGNMENT 01 SECOND SEMESTER 2025
DUE DATE: 21 AUGUST 2025
QUESTION 1 (15 marks)
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.
The extent of enrichment liability, also referred to as the quantum of an enrichment
claim, is central to the law of unjustified enrichment in South African private law. It refers
to the amount for which the enriched party can be held liable in restitution to the
impoverished party. Importantly, this quantum is not calculated based on the
impoverishment of the plaintiff alone, but rather on the actual retained enrichment of the
defendant at the time when the legal action is instituted. This approach is firmly based
on principles set out in Study Guide 1, which distinguishes between mere enrichment
and unjustified enrichment that is recoverable in law.
To determine the quantum of an enrichment claim, the following general principles
apply:
1. Initial Enrichment of the Defendant
The first step is to establish the initial value of the enrichment the defendant received.
This typically includes any money, property, or services that led to a measurable
increase in the defendant’s estate. The enrichment must be patrimonial, meaning it
must be capable of being economically evaluated and must have either saved the
defendant expenses or increased their assets. The law does not concern itself with
sentimental or moral benefits only with objective, financial gains.
For example, if a defendant received a car, the market value of that car at the time of
transfer would constitute the initial enrichment. If a defendant received services, such as
building work or legal advice, the value of those services in monetary terms forms the
initial enrichment.
