PVL3704 EXAM PACK
, lO M oARcPSD| 48011787
Unjustified Enrishment and Estopple PVL3704
Questions and answers
• Write a critical discussion on negative
misrepresentation (misrepresentation by
omission) within the context of estoppel. Refer to
relevant case law. (10)
According to the doctrine of estoppel when it is applied
the first requirement for the application of the doctrine is
that a representation is made that, secondly, the
representation must create a false impression. They are
contained within a single idea or concept, namely
misrepresentation. To uphold a clear understanding, it is
advisable to hold the dual nature of the requirement in
mind. These requirements can, respectively, be compared
with the similar requirements for delictual liability,
namely the act and the wrongfulness concerned.
Misrepresentation by omission constitutes as a
misrepresentation only if a legal duty rests on the
estoppel-denier concerned to act positively. An omission
in the form of the non-fulfilment of a legal duty to act or
even just to speak is, therefore, a misrepresentation that
can give rise to a successful plea of estoppel.
De Wet holds the view that (except in the form of a duty
to take care of something, which is a criterion for the
establishment of fault in the form of negligence), the
abiding does not plays a part in the creation of, or even
Dow nloaded by Vincent kyalo ()
, lO M oARcPSD| 48011787
Unjustified Enrishment and Estopple PVL3704
Questions and answers
• Write a critical discussion on negative
misrepresentation (misrepresentation by
omission) within the context of estoppel. Refer to
relevant case law. (10)
According to the doctrine of estoppel when it is applied
the first requirement for the application of the doctrine is
that a representation is made that, secondly, the
representation must create a false impression. They are
contained within a single idea or concept, namely
misrepresentation. To uphold a clear understanding, it is
advisable to hold the dual nature of the requirement in
mind. These requirements can, respectively, be compared
with the similar requirements for delictual liability,
namely the act and the wrongfulness concerned.
Misrepresentation by omission constitutes as a
misrepresentation only if a legal duty rests on the
estoppel-denier concerned to act positively. An omission
in the form of the non-fulfilment of a legal duty to act or
even just to speak is, therefore, a misrepresentation that
can give rise to a successful plea of estoppel.
De Wet holds the view that (except in the form of a duty
to take care of something, which is a criterion for the
establishment of fault in the form of negligence), the
abiding does not plays a part in the creation of, or even
Dow nloaded by Vincent kyalo ()
