lOMoAR cPSD| 48433225
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, lOMoAR cPSD| 48433225
PVL3704 – ENRICHMENT
STUDY UNIT 1
LEARNING OUTCOMES
After completing your study of the introduction to enrichment
liability, you should be able to:
• explain why unjustified enrichment is regarded as the third most
important source of obligations in South African law
The law of obligations is concerned with the relationship that
exists between the debtor and the creditor. Of the many
sources of obligations that exist in the law, the three main
sources consist of:
(a) the law of contract ( in terms of which obligations are created
by agreement)
(b) the law of delict (in terms of which obligations arise by force of
law, upon damage, or personal injury, being caused by the
commission of an unlawful action)
(c) the law of unjustified enrichment (in terms of which
obligations arise in a number of different situations that fall
neither under contract, nor under delict)
• describe the need for unjustified enrichment law
Allowing for the acknowledgement of liability for enrichment is
necessary in terms of any developed legal system. Unjustified
enrichment liability is aimed at redressing the unfairness of such
a situation.
• explain the sources of South African enrichment law, and the
importance of the historical context for the actions in modern
law
Roman and Roman-Dutch law, as augmented and developed by
the South African
Courts. Alienation of Land Act 68 of 1981 and the National
Credit Act 34 of 2005, no
1
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, lOMoAR cPSD| 48433225
other legislation directly touches upon this area of the law. In
the Supreme Court, it seems that the emphasis on the
requirements of specific actions is declining in preference for
the general requirements for enrichment liability.
• describe the five traditional enrichment actions and their specific
requirements, and apply each of them to a given set of facts
• critically analyse and assess the different points of view on the
existence of, or the need for, the taking of a general enrichment
action
• understand the development that needs to take place in the
discipline to ensure proper compliance with the principles
inherent in the Constitution and in the spirit of Ubuntu.
STUDY UNIT 2 – General principles
LEARNING OUTCOMES After completing
this study unit, you should be able to
• explain, with reference to an example, what favourable and
detrimental side effects are
In a fully developed enrichment action, all favourable and
detrimental side-effects of the enriching fact or event ought to be
taken into account in determining the defendant’s enrichment and
the plaintiff’s impoverishment. When speaking of the favourable
or detrimental side-effects of the enriching fact, is the effects
that either increase or decrease the amount of the defendant’s
actual enrichment, or that decrease or increase the amount of
the plaintiff’s actual impoverishment. Such side-effects do not
flow directly from the enriching fact, but are, nonetheless,
connected to it. The side-effects may take many different forms.
Example – page 20.
• explain, with reference to an example, what “indirect
enrichment” means
Gouws v Jester Pools
Buzzard Electrical case
2
Downloaded by Vincent master ()
Downloaded by Vincent master ()
,
, lOMoAR cPSD| 48433225
PVL3704 – ENRICHMENT
STUDY UNIT 1
LEARNING OUTCOMES
After completing your study of the introduction to enrichment
liability, you should be able to:
• explain why unjustified enrichment is regarded as the third most
important source of obligations in South African law
The law of obligations is concerned with the relationship that
exists between the debtor and the creditor. Of the many
sources of obligations that exist in the law, the three main
sources consist of:
(a) the law of contract ( in terms of which obligations are created
by agreement)
(b) the law of delict (in terms of which obligations arise by force of
law, upon damage, or personal injury, being caused by the
commission of an unlawful action)
(c) the law of unjustified enrichment (in terms of which
obligations arise in a number of different situations that fall
neither under contract, nor under delict)
• describe the need for unjustified enrichment law
Allowing for the acknowledgement of liability for enrichment is
necessary in terms of any developed legal system. Unjustified
enrichment liability is aimed at redressing the unfairness of such
a situation.
• explain the sources of South African enrichment law, and the
importance of the historical context for the actions in modern
law
Roman and Roman-Dutch law, as augmented and developed by
the South African
Courts. Alienation of Land Act 68 of 1981 and the National
Credit Act 34 of 2005, no
1
Downloaded by Vincent master
()
, lOMoAR cPSD| 48433225
other legislation directly touches upon this area of the law. In
the Supreme Court, it seems that the emphasis on the
requirements of specific actions is declining in preference for
the general requirements for enrichment liability.
• describe the five traditional enrichment actions and their specific
requirements, and apply each of them to a given set of facts
• critically analyse and assess the different points of view on the
existence of, or the need for, the taking of a general enrichment
action
• understand the development that needs to take place in the
discipline to ensure proper compliance with the principles
inherent in the Constitution and in the spirit of Ubuntu.
STUDY UNIT 2 – General principles
LEARNING OUTCOMES After completing
this study unit, you should be able to
• explain, with reference to an example, what favourable and
detrimental side effects are
In a fully developed enrichment action, all favourable and
detrimental side-effects of the enriching fact or event ought to be
taken into account in determining the defendant’s enrichment and
the plaintiff’s impoverishment. When speaking of the favourable
or detrimental side-effects of the enriching fact, is the effects
that either increase or decrease the amount of the defendant’s
actual enrichment, or that decrease or increase the amount of
the plaintiff’s actual impoverishment. Such side-effects do not
flow directly from the enriching fact, but are, nonetheless,
connected to it. The side-effects may take many different forms.
Example – page 20.
• explain, with reference to an example, what “indirect
enrichment” means
Gouws v Jester Pools
Buzzard Electrical case
2
Downloaded by Vincent master ()
