PVL3704
ASSIGNMENT 1 SEMESTER 2 2025
UNIQUE NO.
DUE DATE: 21 AUGUST 2025
, Enrichment Liability and Estoppel
QUESTION 1
Discuss in general (without reference to a specific enrichment action) how the
extent of enrichment liability (or the quantum of the enrichment claim) will be
calculated.
(15 marks)
Model Answer Outline:
In South African law, the extent of enrichment liability (or the quantum of the
enrichment claim) refers to the value by which the defendant’s estate has been
enriched at the expense of the plaintiff. It is a factual calculation, and it does not
necessarily reflect the value lost by the plaintiff, but the net gain to the defendant.
1. General Principles:
Enrichment liability is limited to the extent of the defendant’s actual
enrichment, not the plaintiff’s loss.
The benefit must be capable of monetary expression.
A defendant is only liable to the extent that they remain enriched at the time
of the claim.
2. Time of Assessment:
The value of enrichment is determined at the time when the enrichment is
claimed, not necessarily when the enrichment occurred.
If the defendant has lost the benefit (e.g., spent the money), liability may be
reduced or extinguished.
ASSIGNMENT 1 SEMESTER 2 2025
UNIQUE NO.
DUE DATE: 21 AUGUST 2025
, Enrichment Liability and Estoppel
QUESTION 1
Discuss in general (without reference to a specific enrichment action) how the
extent of enrichment liability (or the quantum of the enrichment claim) will be
calculated.
(15 marks)
Model Answer Outline:
In South African law, the extent of enrichment liability (or the quantum of the
enrichment claim) refers to the value by which the defendant’s estate has been
enriched at the expense of the plaintiff. It is a factual calculation, and it does not
necessarily reflect the value lost by the plaintiff, but the net gain to the defendant.
1. General Principles:
Enrichment liability is limited to the extent of the defendant’s actual
enrichment, not the plaintiff’s loss.
The benefit must be capable of monetary expression.
A defendant is only liable to the extent that they remain enriched at the time
of the claim.
2. Time of Assessment:
The value of enrichment is determined at the time when the enrichment is
claimed, not necessarily when the enrichment occurred.
If the defendant has lost the benefit (e.g., spent the money), liability may be
reduced or extinguished.
