PVL3704 Assignment 1 Semester 2 2023

PVL3704
Assignment 1
Semester 2
2023
QUESTIONS AND ANSWERS



[School]
[Course title]

, PVL3704 Assignment 1 Semester 2 2023


QUESTION 1

C and D have concluded an agreement which is invalid because it is illegal. C

has already paid R250.000 to D. Explain whether C will be successful with the

condictio indebiti in claiming the money from D. Would it have made any

difference in your answer if the contract had been void due to non-compliance

with statutory formality requirements? Motivate fully. (10)

In the given scenario, where C and D have entered into an agreement that is invalid

due to its illegality, C may have grounds to pursue the condictio indebiti claim to

recover the R250,000 paid to D. The condictio indebiti is a legal remedy that

allows a person to reclaim money mistakenly paid to another party without any

valid legal basis.




To understand whether C will be successful with the condictio indebiti claim, we

need to consider the nature of the illegality in the agreement. Illegality in contracts

can arise from various factors, such as contracts involving unlawful activities,

violation of public policy, or contravention of specific statutory provisions. If the