PVL3704 PORTFOLIO MEMO - OCT./NOV. 2023 - SEMESTER 2 - UNISA - DUE 30 OCTOBER 2023 - DETAILED ANSWERS WITH FOOTNOTES & BIBLIOGRAPHY- DISTINCTION GUARANTEED!

PVL3704 PORTFOLIO MEMO - OCT./NOV. 2023 - SEMESTER 2 - UNISA - DUE 30 OCTOBER 2023 - DETAILED ANSWERS WITH FOOTNOTES & BIBLIOGRAPHY- DISTINCTION GUARANTEED! QUESTION 1 Write a critical discussion on the existence of a general enrichment action in South African law. (15) QUESTION 2 Company A is under the mistaken impression that it owes R50,000 to Company B and pays this amount again. However, the amount has already been paid to B by A's bookkeeper. B, who is unaware that the amount has been paid twice has used the money to pay the monthly wages of R25,000. It has also paid a bonus of R10,000 to each of its two directors. A now wants to claim the money from B. Advise A on the relevant action that it should use, the requirements for that action as well as on any defences that may be raised by B. (15) QUESTION 3 X is an employee of Company Y. X is paid a monthly salary of R30,000 which is payable at the end of the month. During July 2023 X receives a very lucrative offer from Company Z provided he can start work immediately. X does not return to his employment with Y after 20 July 2023. Y now refuses to pay X anything for his employment during July 2023. Advise X whether he has any claim against Y, and if so, the discuss the nature of the claim as well as the amount that he can claim. (10) QUESTION 4 Write a critical discussion on whether fault is a requirement in the South African law of estoppel. In your answer you must refer to relevant case law. (15) QUESTION 5 Discuss with reference to case law the actio negotiorum gestorum utilis. (10) QUESTION 6 K rents a farm from L. K effected the following improvements on the farm without L’s knowledge: (a) built a dam at a cost of R30 000,00; (b) built a luxury lapa on the edge of the dam at a cost of R100 000,00; and (c) sank a borehole at a cost of R20 000,00. K also repaired the roof of the farmhouse which had started to leak at a cost of R10 000,00. Discuss fully the legal position with regard to these improvements when the lease expires. Also briefly discuss whether the position would have been different if the lease agreement between K and L had been invalid. (20) QUESTION 7 The town council of Bapsfontein invited tenders for the construction of a new house for the town mayor. After the tender period closed, the executive committee of the council decided to award the tender to X. However, the council secretary mistakenly sent a letter of acceptance to Y who also tendered. It was the duty of the secretary to send out such letters on behalf of the council. Y immediately set about preparing to build the house and bought materials. Soon thereafter the council realised the mistake and informed Y that the letter of acceptance had been sent to it by mistake and that the tender had in fact been awarded to X. Y issued summons against the council for breach of contract and claimed damages. The council raised two defences: (a) it had no intention of accepting the award of Y and (b) the council secretary had no authority to accept the tender of Y (only the executive board had such authority). Discuss fully how Y could counter these defences and whether he would be successful in the circumstances. (15) TOTAL PAPER: [100]