Question 1
Correct
In which one of the following circumstances can the condictio indebiti be used?
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a. Where a bank has made payment in terms of a countermanded cheque.
b. Where a party knowingly makes a payment that is not due, but under duress and protest.
c. Where a contract is rescinded due to a breach of contract.
d. Where a party has made an undue payment in terms of an illegal contract.
e. Where a party has made payment which is due but where the cause for the payment later falls away.
Question 2
Incorrect
G has noticed that his neighbour's (H) stud bull is seriously ill. The neighbour is currently on a hiking trip in Nepal and cannot be reached. G has called out a veterinary doctor to attend to the bull and has paid all his bills as we
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any circumstances, but rather to call K, if G should notice any problem. G did not bother to call K.
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Which statement best explains the basis of G's possible claim against H?
a. G has no claim against H because the bull has died and the expenses have been wasted.
b. G has an enrichment claim against H for his expenses as necessary expenses.
c. G has a claim against H in terms of the actio negotiorum gestorum contraria for R12,000.
d. G has a claim against H in terms of the actio negotiorum gestorum utilis for R12,000.
e. G's claim against H in terms of the actio negotiorum gestorum contraria will fail because the bull died.
Question 3
Correct
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. Unbekno
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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 realizing that his ac
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Which statement regarding the requirements for an enrichment action is correct?
a. A has been enriched at the expense of B.
b. A has been enriched at the expense of C, who made the payment.
c. A's enrichment is not unjustified as there was a contract between A and B.
d. A's enrichment is unlawful because he made a demand for payment at a time that it was not
due.
e. B has been impoverished at the expense of the bank.
Question 4
Correct
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. Unbekno
Mark 2.00 out of
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 realizing that his ac
2.00
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.
Question 5
Correct
X has concluded a contract with Y to build a tennis court at a cost of R40,000 on the property it is renting from Z in Pretoria. It can be shown that the value of the property has increased by R20,000 due to the improvement. X
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2.00 Which statement best explains the ground on which and the amount that Y can claim?
a. Y has an enrichment claim against Z for an amount of R40,000.
b. Y has an enrichment claim against Z for an amount of R20,000.
c. Y has a contractual claim against X for R40,000.
d. Y has an enrichment claim against Z for R40,000.
e. Y has an enrichment claim against X for R 20,000.
Question 6
Correct
Which statement correctly explains the possession or occupation of another's property?
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a. A bona fide occupier is someone who lawfully occupies the immovable property of another person.
b. A bona fide occupier is someone who lawfully occupies the immovable property of another person as if he is the owner thereof.
c. A bona fide possessor is someone who lawfully occupies the property of another person as if he is the owner thereof.
d. A bona fide possessor is someone who unlawfully occupies the property of another person as if he is the owner thereof.
e. A mala fide possessor is someone who unlawfully occupies the property of another person temporarily as if he is entitled to occupy the property as a lessee.
Correct
In which one of the following circumstances can the condictio indebiti be used?
Mark 2.00 out of
2.00
a. Where a bank has made payment in terms of a countermanded cheque.
b. Where a party knowingly makes a payment that is not due, but under duress and protest.
c. Where a contract is rescinded due to a breach of contract.
d. Where a party has made an undue payment in terms of an illegal contract.
e. Where a party has made payment which is due but where the cause for the payment later falls away.
Question 2
Incorrect
G has noticed that his neighbour's (H) stud bull is seriously ill. The neighbour is currently on a hiking trip in Nepal and cannot be reached. G has called out a veterinary doctor to attend to the bull and has paid all his bills as we
Mark 0.00 out of
any circumstances, but rather to call K, if G should notice any problem. G did not bother to call K.
2.00
Which statement best explains the basis of G's possible claim against H?
a. G has no claim against H because the bull has died and the expenses have been wasted.
b. G has an enrichment claim against H for his expenses as necessary expenses.
c. G has a claim against H in terms of the actio negotiorum gestorum contraria for R12,000.
d. G has a claim against H in terms of the actio negotiorum gestorum utilis for R12,000.
e. G's claim against H in terms of the actio negotiorum gestorum contraria will fail because the bull died.
Question 3
Correct
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. Unbekno
Mark 2.00 out of
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 realizing that his ac
2.00
Which statement regarding the requirements for an enrichment action is correct?
a. A has been enriched at the expense of B.
b. A has been enriched at the expense of C, who made the payment.
c. A's enrichment is not unjustified as there was a contract between A and B.
d. A's enrichment is unlawful because he made a demand for payment at a time that it was not
due.
e. B has been impoverished at the expense of the bank.
Question 4
Correct
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. Unbekno
Mark 2.00 out of
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 realizing that his ac
2.00
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.
Question 5
Correct
X has concluded a contract with Y to build a tennis court at a cost of R40,000 on the property it is renting from Z in Pretoria. It can be shown that the value of the property has increased by R20,000 due to the improvement. X
Mark 2.00 out of
2.00 Which statement best explains the ground on which and the amount that Y can claim?
a. Y has an enrichment claim against Z for an amount of R40,000.
b. Y has an enrichment claim against Z for an amount of R20,000.
c. Y has a contractual claim against X for R40,000.
d. Y has an enrichment claim against Z for R40,000.
e. Y has an enrichment claim against X for R 20,000.
Question 6
Correct
Which statement correctly explains the possession or occupation of another's property?
Mark 2.00 out of
2.00
a. A bona fide occupier is someone who lawfully occupies the immovable property of another person.
b. A bona fide occupier is someone who lawfully occupies the immovable property of another person as if he is the owner thereof.
c. A bona fide possessor is someone who lawfully occupies the property of another person as if he is the owner thereof.
d. A bona fide possessor is someone who unlawfully occupies the property of another person as if he is the owner thereof.
e. A mala fide possessor is someone who unlawfully occupies the property of another person temporarily as if he is entitled to occupy the property as a lessee.
