P
, VL3704 Assignment 1 Semester 1 2026 - Due 20
March 2026; 100 % TRUSTED w
PVL3704 – Assignment 1 Solutions
Semester 1, 2026
Total Marks: 25
QUESTION 1 (15 marks)
Discuss the general requirement that the defendant’s enrichment
must have been at the expense of the plaintiff. Refer to case law.
Answer:
In an action for unjustified enrichment, one of the key requirements is
that the defendant must have been enriched at the expense of the
plaintiff. This requirement ensures that there is a direct causal
connection between the plaintiff’s loss and the defendant’s gain. The
law does not allow a plaintiff to claim enrichment if the enrichment
occurred independently of the plaintiff’s contribution.
1. Conceptual Basis
The enrichment must be patrimonial, meaning it must relate to
property or economic value (see First National Bank of SA Ltd v
Perry NO 2001 (4) SA 129 (C)).
There must be a causal link between the plaintiff’s loss and the
defendant’s gain. If the defendant gains from an independent
source, the enrichment is not “at the expense of the plaintiff”.
, VL3704 Assignment 1 Semester 1 2026 - Due 20
March 2026; 100 % TRUSTED w
PVL3704 – Assignment 1 Solutions
Semester 1, 2026
Total Marks: 25
QUESTION 1 (15 marks)
Discuss the general requirement that the defendant’s enrichment
must have been at the expense of the plaintiff. Refer to case law.
Answer:
In an action for unjustified enrichment, one of the key requirements is
that the defendant must have been enriched at the expense of the
plaintiff. This requirement ensures that there is a direct causal
connection between the plaintiff’s loss and the defendant’s gain. The
law does not allow a plaintiff to claim enrichment if the enrichment
occurred independently of the plaintiff’s contribution.
1. Conceptual Basis
The enrichment must be patrimonial, meaning it must relate to
property or economic value (see First National Bank of SA Ltd v
Perry NO 2001 (4) SA 129 (C)).
There must be a causal link between the plaintiff’s loss and the
defendant’s gain. If the defendant gains from an independent
source, the enrichment is not “at the expense of the plaintiff”.
