PVL3704
assignmen
Assignment 2 Semester 2
2025
UNIQUE CODE: 819639
Detailed Solutions, References & Explanations
DUE DATE: 16 Sept 2025
Terms of use
By making use of this document you agree to:
Use this document as a guide for learning,
comparison and reference purpose,
Not to duplicate, reproduce and/or misrepresent the
contents of this document as your own work,
Fully accept the consequences should you plagiarise
or misuse this document.
Disclaimer
Extreme care has been used to create this
document, however the contents are provided “as
is” without any representations or warranties,
express or implied. The author assumes no
liability as a result of reliance and use of the
contents of this document. This document is to
be used for comparison, research and reference
purposes ONLY. No part of this document may be
reproduced, resold or transmitted in any form or
by any means.
, 0688120934
PREVIEW
Question text
A has demanded payment from B of an amount of R50,000 which he believes B is owing. B has
checked its records and has paid the amount in the bona fide belief that the amount is owing in terms
of their contract. Unbeknown to B, his bookkeeper, C had already paid the amount a week earlier by
way of an electronic funds transfer in to the account of A. At the time of the second payment A's
account was overdrawn in the amount of R30,000 and was therefore in credit of R20,000 after the
payment. A has taken R15,000 out of his account to pay his employees their monthly wages. He has
also paid R10,000 for a luxury weekend after realising that his account was in credit.
Which statement best explains the nature of B’s claim against A?
a.
B has a claim against A based on delict for a fraudulent misstatement.
b.
B has contractual claim against A based on their contract.
c.
B has an enrichment claim against A based on the condictio causa data causa non secuta.
d.
B has an enrichment claim against A based on the condictio indebiti.
e.
B has no claim against A because he paid the amount voluntarily.
Feedback
Your answer is correct.
This question deal with the condictio indebiti and its requirements. The claim cannot be delictual
because A's misrepresentation was innocently made. The claim can also not be based on the contract,
because there had already been payment which extinguished the duty to pay in terms of the contract.
Next evaluate the answers against the requirements of the condictio indebiti. Here the one party made
a bona fide payment that was not owing and under circumstances that were excusable, partly because
the mistake was induced by A's misrepresentation.
The correct answer is:
B has an enrichment claim against A based on the condictio indebiti.
Disclaimer
Extreme care has been used to create this document, however the contents are provided “as is”
without any representations or warranties, express or implied. The author assumes no liability as
a result of reliance and use of the contents of this document. This document is to be used for
comparison, research and reference purposes ONLY. No part of this document may be
reproduced, resold or transmitted in any form or by any means.
, 0688120934
Started on Saturday, 6 September 2025, 1:06 AM
State Finished
Completed on Saturday, 6 September 2025, 1:18 AM
Time taken 11 mins 42 secs
Marks 20.00/20.00
Grade 100.00 out of 100.00
Question 1
Correct
Mark 2.00 out of 2.00
Flag question
Question text
A has demanded payment from B of an amount of R50,000 which he believes B is owing. B has
checked its records and has paid the amount in the bona fide belief that the amount is owing in terms
of their contract. Unbeknown to B, his bookkeeper, C had already paid the amount a week earlier by
way of an electronic funds transfer in to the account of A. At the time of the second payment A's
account was overdrawn in the amount of R30,000 and was therefore in credit of R20,000 after the
payment. A has taken R15,000 out of his account to pay his employees their monthly wages. He has
also paid R10,000 for a luxury weekend after realising that his account was in credit.
Which statement best explains the nature of B’s claim against A?
a.
B has a claim against A based on delict for a fraudulent misstatement.
b.
B has contractual claim against A based on their contract.
c.
B has an enrichment claim against A based on the condictio causa data causa non secuta.
d.
B has an enrichment claim against A based on the condictio indebiti.
e.
B has no claim against A because he paid the amount voluntarily.
Disclaimer
Extreme care has been used to create this document, however the contents are provided “as is”
without any representations or warranties, express or implied. The author assumes no liability as
a result of reliance and use of the contents of this document. This document is to be used for
comparison, research and reference purposes ONLY. No part of this document may be
reproduced, resold or transmitted in any form or by any means.
assignmen
Assignment 2 Semester 2
2025
UNIQUE CODE: 819639
Detailed Solutions, References & Explanations
DUE DATE: 16 Sept 2025
Terms of use
By making use of this document you agree to:
Use this document as a guide for learning,
comparison and reference purpose,
Not to duplicate, reproduce and/or misrepresent the
contents of this document as your own work,
Fully accept the consequences should you plagiarise
or misuse this document.
Disclaimer
Extreme care has been used to create this
document, however the contents are provided “as
is” without any representations or warranties,
express or implied. The author assumes no
liability as a result of reliance and use of the
contents of this document. This document is to
be used for comparison, research and reference
purposes ONLY. No part of this document may be
reproduced, resold or transmitted in any form or
by any means.
, 0688120934
PREVIEW
Question text
A has demanded payment from B of an amount of R50,000 which he believes B is owing. B has
checked its records and has paid the amount in the bona fide belief that the amount is owing in terms
of their contract. Unbeknown to B, his bookkeeper, C had already paid the amount a week earlier by
way of an electronic funds transfer in to the account of A. At the time of the second payment A's
account was overdrawn in the amount of R30,000 and was therefore in credit of R20,000 after the
payment. A has taken R15,000 out of his account to pay his employees their monthly wages. He has
also paid R10,000 for a luxury weekend after realising that his account was in credit.
Which statement best explains the nature of B’s claim against A?
a.
B has a claim against A based on delict for a fraudulent misstatement.
b.
B has contractual claim against A based on their contract.
c.
B has an enrichment claim against A based on the condictio causa data causa non secuta.
d.
B has an enrichment claim against A based on the condictio indebiti.
e.
B has no claim against A because he paid the amount voluntarily.
Feedback
Your answer is correct.
This question deal with the condictio indebiti and its requirements. The claim cannot be delictual
because A's misrepresentation was innocently made. The claim can also not be based on the contract,
because there had already been payment which extinguished the duty to pay in terms of the contract.
Next evaluate the answers against the requirements of the condictio indebiti. Here the one party made
a bona fide payment that was not owing and under circumstances that were excusable, partly because
the mistake was induced by A's misrepresentation.
The correct answer is:
B has an enrichment claim against A based on the condictio indebiti.
Disclaimer
Extreme care has been used to create this document, however the contents are provided “as is”
without any representations or warranties, express or implied. The author assumes no liability as
a result of reliance and use of the contents of this document. This document is to be used for
comparison, research and reference purposes ONLY. No part of this document may be
reproduced, resold or transmitted in any form or by any means.
, 0688120934
Started on Saturday, 6 September 2025, 1:06 AM
State Finished
Completed on Saturday, 6 September 2025, 1:18 AM
Time taken 11 mins 42 secs
Marks 20.00/20.00
Grade 100.00 out of 100.00
Question 1
Correct
Mark 2.00 out of 2.00
Flag question
Question text
A has demanded payment from B of an amount of R50,000 which he believes B is owing. B has
checked its records and has paid the amount in the bona fide belief that the amount is owing in terms
of their contract. Unbeknown to B, his bookkeeper, C had already paid the amount a week earlier by
way of an electronic funds transfer in to the account of A. At the time of the second payment A's
account was overdrawn in the amount of R30,000 and was therefore in credit of R20,000 after the
payment. A has taken R15,000 out of his account to pay his employees their monthly wages. He has
also paid R10,000 for a luxury weekend after realising that his account was in credit.
Which statement best explains the nature of B’s claim against A?
a.
B has a claim against A based on delict for a fraudulent misstatement.
b.
B has contractual claim against A based on their contract.
c.
B has an enrichment claim against A based on the condictio causa data causa non secuta.
d.
B has an enrichment claim against A based on the condictio indebiti.
e.
B has no claim against A because he paid the amount voluntarily.
Disclaimer
Extreme care has been used to create this document, however the contents are provided “as is”
without any representations or warranties, express or implied. The author assumes no liability as
a result of reliance and use of the contents of this document. This document is to be used for
comparison, research and reference purposes ONLY. No part of this document may be
reproduced, resold or transmitted in any form or by any means.
