Semester 2 2025 - DUE 21 August 2025; 100%
TRUSTED Complete, trusted solutions and
explanations
MULTIPLE CHOICE,ASSURED EXCELLENCE
QUESTION 1 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.
(15)QUESTION 2 A owns a car manufacturing plant in the City of
Tshwane. His monthly electricity bill averages R100 000. He
receives a letter from the City of Tshwane Municipality in which
it threatens to cut-off 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 and with which remedy? In
your answer discuss the requirements for this remedy. (10)
QUESTION 1
Discuss in general (without reference to a specific enrichment
action) how the extent of enrichment liability (quantum) will
be calculated. (15)
, The extent of enrichment liability (or the quantum of the
claim) determines how much the enriched party must repay to
the impoverished party. South African enrichment law follows
certain principles:
1. General Principle
The enriched party is liable only to the extent of his/her
actual enrichment at the time of the claim, not for the full
loss of the impoverished party.
The aim is to restore equality between parties, not to
punish the enriched party.
2. Determining the Amount
The calculation depends on:
1. Value of the enrichment at the time of receipt
o The measure is the lesser of:
The value by which the defendant’s estate has
been increased, or
The value by which the plaintiff’s estate has been
diminished.
2. Subsequent decrease in enrichment
o If the enrichment has been reduced or lost without
fault of the enriched party, liability is reduced
accordingly.