PVL3704
Assignment 1
Second Semester
Date Due: 21/08/2025
, 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.
In principle the plaintiff is allowed to claim the amount he has been impoverished, or the
amount the defendant has been enriched, whichever is the lesser. The quantum of the
enrichment claim is calculated at the time the claim is instituted. That means that the
defendant is not liable for benefits that he due to his enrichment could have gained
but did not. If the defendant’s enrichment has been reduced or extinguished before the
claim has been instituted, his liability will also be reduced or extinguished. The onus to
prove non-enrichment lies with the defendant.
In four instances the quantum will be calculated sooner, meaning before the date of
institution of the action: (a) at the moment the defendant becomes aware of enrichment
(b) at an earlier stage if the defendant should have known that the benefit was not
justified (c) when the defendant fell into mora and an earlier date if the defendant acted
mala fide. These exceptions do not apply in the case of minors. In quantifying the claim
all positive and negative side-effects should be considered. Interest earned on money in
the hands of the defendant before litis contestatio cannot be claimed by the plaintiff, but
after mora the plaintiff could claim mora interest If the defendant spent the money on
something he would not have done if it wasn’t for the enrichment, he can raise the
defense of non-enrichment.
However, if all or part of what he spent the money on (e.g. goods) is still of value and in
his hands, he must offer the goods or the value of the goods to the plaintiff. If the goods
are more valuable than the impoverishment, the difference should be paid to the
defendant.
Assignment 1
Second Semester
Date Due: 21/08/2025
, 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.
In principle the plaintiff is allowed to claim the amount he has been impoverished, or the
amount the defendant has been enriched, whichever is the lesser. The quantum of the
enrichment claim is calculated at the time the claim is instituted. That means that the
defendant is not liable for benefits that he due to his enrichment could have gained
but did not. If the defendant’s enrichment has been reduced or extinguished before the
claim has been instituted, his liability will also be reduced or extinguished. The onus to
prove non-enrichment lies with the defendant.
In four instances the quantum will be calculated sooner, meaning before the date of
institution of the action: (a) at the moment the defendant becomes aware of enrichment
(b) at an earlier stage if the defendant should have known that the benefit was not
justified (c) when the defendant fell into mora and an earlier date if the defendant acted
mala fide. These exceptions do not apply in the case of minors. In quantifying the claim
all positive and negative side-effects should be considered. Interest earned on money in
the hands of the defendant before litis contestatio cannot be claimed by the plaintiff, but
after mora the plaintiff could claim mora interest If the defendant spent the money on
something he would not have done if it wasn’t for the enrichment, he can raise the
defense of non-enrichment.
However, if all or part of what he spent the money on (e.g. goods) is still of value and in
his hands, he must offer the goods or the value of the goods to the plaintiff. If the goods
are more valuable than the impoverishment, the difference should be paid to the
defendant.
