,PVL3704 Assignment 1 (COMPLETE ANSWERS)
Semester 2 2025 - DUE 21 August 2025; 100%
TRUSTED Complete, trusted solutions and
explanations
MULTIPLE CHOICE,ASSURED EXCELLENCE
QUESTION 1 — How the extent of enrichment liability (the
quantum) is calculated (general principles)
(Short answer: the court measures the defendant’s patrimonial
gain causally linked to the plaintiff and awards restitution equal
to that gain, subject to defences and adjustments.)
1. Objective of the remedy.
The aim of an enrichment claim is to restore the parties to
the patrimonial position they would have occupied but for
the unjust enrichment — i.e. to strip from the defendant
the patrimonial advantage received without a juristic
reason.
2. Primary focus — the defendant’s gain.
Quantum is principally measured by the value of the
enrichment received by the defendant, not the plaintiff’s
loss. The court asks: what patrimonial advantage did the
defendant obtain that is causally linked to the plaintiff?
3. Identification of the benefit.
, o If the actual thing can be returned (restitution in
natura), the claimant may demand return of that
thing.
o If the thing has been consumed, altered or cannot be
returned, the court measures the cash equivalent
(market value or fair value at the relevant time).
4. Time of valuation.
o The valuation point is important (time of transfer, the
date of judgment, or another date fixed by the court).
Courts will choose the date that best achieves
restitution and fairness (commonly the date of accrual
or the date of trial); interest may be awarded to make
the claimant whole for the delay.
5. Causal link and scope.
Only the enrichment causally attributable to the claimant’s
act/omission is recoverable. Benefits acquired for
unrelated reasons are outside the claim.
6. Allowances / deductions.
o Reasonable expenses the defendant incurred in
preserving or enhancing the benefit may be taken
into account (if the defendant expended money which
increased the value, the court may reduce the liable
amount accordingly).
Semester 2 2025 - DUE 21 August 2025; 100%
TRUSTED Complete, trusted solutions and
explanations
MULTIPLE CHOICE,ASSURED EXCELLENCE
QUESTION 1 — How the extent of enrichment liability (the
quantum) is calculated (general principles)
(Short answer: the court measures the defendant’s patrimonial
gain causally linked to the plaintiff and awards restitution equal
to that gain, subject to defences and adjustments.)
1. Objective of the remedy.
The aim of an enrichment claim is to restore the parties to
the patrimonial position they would have occupied but for
the unjust enrichment — i.e. to strip from the defendant
the patrimonial advantage received without a juristic
reason.
2. Primary focus — the defendant’s gain.
Quantum is principally measured by the value of the
enrichment received by the defendant, not the plaintiff’s
loss. The court asks: what patrimonial advantage did the
defendant obtain that is causally linked to the plaintiff?
3. Identification of the benefit.
, o If the actual thing can be returned (restitution in
natura), the claimant may demand return of that
thing.
o If the thing has been consumed, altered or cannot be
returned, the court measures the cash equivalent
(market value or fair value at the relevant time).
4. Time of valuation.
o The valuation point is important (time of transfer, the
date of judgment, or another date fixed by the court).
Courts will choose the date that best achieves
restitution and fairness (commonly the date of accrual
or the date of trial); interest may be awarded to make
the claimant whole for the delay.
5. Causal link and scope.
Only the enrichment causally attributable to the claimant’s
act/omission is recoverable. Benefits acquired for
unrelated reasons are outside the claim.
6. Allowances / deductions.
o Reasonable expenses the defendant incurred in
preserving or enhancing the benefit may be taken
into account (if the defendant expended money which
increased the value, the court may reduce the liable
amount accordingly).
