Assignment 1 Semester 2 2025
Unique Number:
Due Date: 21 August 2025
QUESTION 1
In general, when a person claims unjust enrichment, the amount that can be claimed is
limited to the lesser of two values: the amount by which the plaintiff has been impoverished,
or the amount by which the defendant has been enriched. This rule prevents the plaintiff
from receiving more than they lost, and prevents the defendant from paying more than they
actually gained.1
The amount, or quantum, of the enrichment claim is normally calculated at the time the legal
claim is instituted. This means that any change in the value of the benefit before the legal
action is brought can affect the amount the defendant must pay. If the defendant has lost or
reduced the enrichment before the claim is filed, their liability is reduced or even cancelled.1
For example, if the defendant used up or destroyed the benefit received, and did not act
wrongfully, they may no longer be enriched.
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