PVL3704 ASSIGNMENT 1 –
SEMESTER 1 (2025) – (827757)
DUE 13 MARCH 2025
, PVL3704 ASSIGNMENT 1 –
SEMESTER 1 (2025) – (827757)
DUE 13 MARCH 2025
QUESTION 1 Discuss (by reference to
relevant case law) the requirement that
the enrichment must have been sine
causa.
1. The Concept of "Sine Causa"
Sine causa essentially means that the enrichment must
occur without a lawful cause. For a claim of unjust
enrichment to succeed, the party who is enriched must
not have received that enrichment based on an
agreement, legal obligation, or any other valid reason.
If the enrichment has a lawful cause (e.g., a contract, a
gift, or any other lawful transaction), then the enrichment
is not considered "unjust," and a claim for restitution will
not be successful.
2. The Requirements for Unjust Enrichment
The general requirements for a claim of unjust enrichment in
South African law are as follows:
1. Enrichment of the defendant: The defendant must have
been enriched, meaning they have gained some benefit at
the expense of the claimant.
2. Deprivation of the claimant: The claimant must have
suffered a corresponding loss or deprivation.
3. Causation: There must be a causal link between the
enrichment and the deprivation of the claimant.
SEMESTER 1 (2025) – (827757)
DUE 13 MARCH 2025
, PVL3704 ASSIGNMENT 1 –
SEMESTER 1 (2025) – (827757)
DUE 13 MARCH 2025
QUESTION 1 Discuss (by reference to
relevant case law) the requirement that
the enrichment must have been sine
causa.
1. The Concept of "Sine Causa"
Sine causa essentially means that the enrichment must
occur without a lawful cause. For a claim of unjust
enrichment to succeed, the party who is enriched must
not have received that enrichment based on an
agreement, legal obligation, or any other valid reason.
If the enrichment has a lawful cause (e.g., a contract, a
gift, or any other lawful transaction), then the enrichment
is not considered "unjust," and a claim for restitution will
not be successful.
2. The Requirements for Unjust Enrichment
The general requirements for a claim of unjust enrichment in
South African law are as follows:
1. Enrichment of the defendant: The defendant must have
been enriched, meaning they have gained some benefit at
the expense of the claimant.
2. Deprivation of the claimant: The claimant must have
suffered a corresponding loss or deprivation.
3. Causation: There must be a causal link between the
enrichment and the deprivation of the claimant.