PVL3704
ASSIGNMENT 1 (SEMESTER 1)
DUE DATE: 12 March 2024
Written Assignment Submission Guidelines:
Please ensure that your assignment is submitted electronically through the myUnisa platform no
later than 12 March 2024. Kindly note that fax or email submissions will not be accepted.
NB: Assignment submitted to the lecturer(s) through email will not be considered.
QUESTION 1 (Various Answers Provided)
Discuss the general requirement that the defendant’s enrichment must have been at the expense
of the plaintiff. Refer in your answer to case law. (15)
Answer:
The general requirement in enrichment law stipulates that for a defendant to be liable, their
enrichment must have been at the expense of the plaintiff. This principle has been established
through various case law precedents.
Explanation of the Requirement:
➢ The requirement signifies that the defendant's gain or enrichment should directly result from
the plaintiff's loss or detriment. In other words, the plaintiff's expenditure, effort, or sacrifice
must be the cause of the defendant's enrichment.
Case Law Illustration:
➢ One significant case that illustrates this requirement is Fibrosa Spolka Akcyjna v Fairbairn
Lawson Combe Barbour Ltd [1943] AC 32. In this case, the House of Lords held that the defendant
ASSIGNMENT 1 (SEMESTER 1)
DUE DATE: 12 March 2024
Written Assignment Submission Guidelines:
Please ensure that your assignment is submitted electronically through the myUnisa platform no
later than 12 March 2024. Kindly note that fax or email submissions will not be accepted.
NB: Assignment submitted to the lecturer(s) through email will not be considered.
QUESTION 1 (Various Answers Provided)
Discuss the general requirement that the defendant’s enrichment must have been at the expense
of the plaintiff. Refer in your answer to case law. (15)
Answer:
The general requirement in enrichment law stipulates that for a defendant to be liable, their
enrichment must have been at the expense of the plaintiff. This principle has been established
through various case law precedents.
Explanation of the Requirement:
➢ The requirement signifies that the defendant's gain or enrichment should directly result from
the plaintiff's loss or detriment. In other words, the plaintiff's expenditure, effort, or sacrifice
must be the cause of the defendant's enrichment.
Case Law Illustration:
➢ One significant case that illustrates this requirement is Fibrosa Spolka Akcyjna v Fairbairn
Lawson Combe Barbour Ltd [1943] AC 32. In this case, the House of Lords held that the defendant
