PVL3704-25-S2 Welcome Message Assessment 2
QUIZ
Started on Tuesday, 19 August 2025, 8:18 AM
State Finished
Completed on Tuesday, 19 August 2025, 9:08 AM
Time taken 50 mins 7 secs
Marks 20.00/20.00
Grade 100.00 out of 100.00
Question 1
Correct
Mark 2.00 out of 2.00
A has demanded payment from B of an amount of R50,000 which he believes B is owing. B has checked its records and has
paid the amount in the bona fide belief that the amount is owing in terms of their contract. Unbeknown to B, his bookkeeper,
C had already paid the amount a week earlier by way of an electronic funds transfer in to the account of A. At the time of the
second payment A's account was overdrawn in the amount of R30,000 and was therefore in credit of R20,000 after the
payment. A has taken R15,000 out of his account to pay his employees their monthly wages. He has also paid R10,000 for a
luxury weekend after realising that his account was in credit.
Which statement best explains the nature of B’s claim against A?
a. B has a claim against A based on delict for a fraudulent misstatement.
b. B has contractual claim against A based on their contract.
c. B has an enrichment claim against A based on the condictio causa data causa non secuta.
d. B has an enrichment claim against A based on the condictio indebiti.
e. B has no claim against A because he paid the amount voluntarily.
Your answer is correct.
This question deal with the condictio indebiti and its requirements. The claim cannot be delictual because A's
misrepresentation was innocently made. The claim can also not be based on the contract, because there had already been
payment which extinguished the duty to pay in terms of the contract. Next evaluate the answers against the requirements of
the condictio indebiti. Here the one party made a bona fide payment that was not owing and under circumstances that were
excusable, partly because the mistake was induced by A's misrepresentation.
The correct answer is:
B has an enrichment claim against A based on the condictio indebiti.
, Question 2
Correct
Mark 2.00 out of 2.00
A has demanded payment from B of an amount of R50,000 which he believes B is owing. B has checked its records and has
paid the amount in the bona fide belief that the amount is owing in terms of their contract. Unbeknown to B, his bookkeeper,
C had already paid the amount a week earlier by way of an electronic funds transfer in to the account of A. At the time of the
second payment A's account was overdrawn in the amount of R30,000 and was therefore in credit of R20,000 after the
payment. A has taken R15,000 out of his account to pay his employees their monthly wages. He has also paid R10,000 for a
luxury weekend after realising that his account was in credit.
Which statement regarding the requirements for an enrichment action is correct?
a. A has been enriched at the expense of B.
b. A has been enriched at the expense of C, who made the payment.
c. A's enrichment is not unjustified as there was a contract between A and B.
d. A's enrichment is unlawful because he made a demand for payment at a time that it was not due.
e. B has been impoverished at the expense of the bank.
Your answer is correct.
A's enrichment took place at the expense of B because B was the person who in law is regarded as the one who made the
payment, even if C physically made the payment. At the time of the payment, the duty to pay had already been extinguished –
the payment therefore cannot be in terms of the agreement, even if B thought so. The enrichment is not unlawful because A's
conduct was not delictual in nature. The bank made payment in terms of its agreement with B and is therefore entitled to
debit B's account. Accordingly the bank was not impoverished. Consider whether all of the other requirements for enrichment
liability and the condictio indebiti have been complied with.
The correct answer is:
A has been enriched at the expense of B.
QUIZ
Started on Tuesday, 19 August 2025, 8:18 AM
State Finished
Completed on Tuesday, 19 August 2025, 9:08 AM
Time taken 50 mins 7 secs
Marks 20.00/20.00
Grade 100.00 out of 100.00
Question 1
Correct
Mark 2.00 out of 2.00
A has demanded payment from B of an amount of R50,000 which he believes B is owing. B has checked its records and has
paid the amount in the bona fide belief that the amount is owing in terms of their contract. Unbeknown to B, his bookkeeper,
C had already paid the amount a week earlier by way of an electronic funds transfer in to the account of A. At the time of the
second payment A's account was overdrawn in the amount of R30,000 and was therefore in credit of R20,000 after the
payment. A has taken R15,000 out of his account to pay his employees their monthly wages. He has also paid R10,000 for a
luxury weekend after realising that his account was in credit.
Which statement best explains the nature of B’s claim against A?
a. B has a claim against A based on delict for a fraudulent misstatement.
b. B has contractual claim against A based on their contract.
c. B has an enrichment claim against A based on the condictio causa data causa non secuta.
d. B has an enrichment claim against A based on the condictio indebiti.
e. B has no claim against A because he paid the amount voluntarily.
Your answer is correct.
This question deal with the condictio indebiti and its requirements. The claim cannot be delictual because A's
misrepresentation was innocently made. The claim can also not be based on the contract, because there had already been
payment which extinguished the duty to pay in terms of the contract. Next evaluate the answers against the requirements of
the condictio indebiti. Here the one party made a bona fide payment that was not owing and under circumstances that were
excusable, partly because the mistake was induced by A's misrepresentation.
The correct answer is:
B has an enrichment claim against A based on the condictio indebiti.
, Question 2
Correct
Mark 2.00 out of 2.00
A has demanded payment from B of an amount of R50,000 which he believes B is owing. B has checked its records and has
paid the amount in the bona fide belief that the amount is owing in terms of their contract. Unbeknown to B, his bookkeeper,
C had already paid the amount a week earlier by way of an electronic funds transfer in to the account of A. At the time of the
second payment A's account was overdrawn in the amount of R30,000 and was therefore in credit of R20,000 after the
payment. A has taken R15,000 out of his account to pay his employees their monthly wages. He has also paid R10,000 for a
luxury weekend after realising that his account was in credit.
Which statement regarding the requirements for an enrichment action is correct?
a. A has been enriched at the expense of B.
b. A has been enriched at the expense of C, who made the payment.
c. A's enrichment is not unjustified as there was a contract between A and B.
d. A's enrichment is unlawful because he made a demand for payment at a time that it was not due.
e. B has been impoverished at the expense of the bank.
Your answer is correct.
A's enrichment took place at the expense of B because B was the person who in law is regarded as the one who made the
payment, even if C physically made the payment. At the time of the payment, the duty to pay had already been extinguished –
the payment therefore cannot be in terms of the agreement, even if B thought so. The enrichment is not unlawful because A's
conduct was not delictual in nature. The bank made payment in terms of its agreement with B and is therefore entitled to
debit B's account. Accordingly the bank was not impoverished. Consider whether all of the other requirements for enrichment
liability and the condictio indebiti have been complied with.
The correct answer is:
A has been enriched at the expense of B.
