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Pvl3704 enrichment and estoppel
Assignment 1
Question 1
A owns a factory manufacturing steel in a continuous process. His monthly electricity bill
averages R100 000. He just received a letter from the Johannesburg Municipality in
which they threaten to cut his electricity if he doesn’t immediately pay his “arrear
account of R300 000”. A knows that there must be a mistake, because his account is
paid in full, but also knows that if there is a disruption in his electricity supply he will
suffer severe losses. He pays the amount immediately and sends a letter of complaint
with. Advise A whether he will be able to reclaim the R300 000 he paid, and with which
remedy? In your answer discuss the requirements for this remedy. (10)
(a) You first need to identify the correct unjustified enrichment action. If necessary explain
why another enrichment claim cannot be used. (2)
(b) Then discuss the relevant requirements for a successful claim under the action and any
defences against such claim. (5)
(c) Apply the requirements of the claim to the facts provided. (2)
(d) Make a definite conclusion on the question asked. (1)
The correct action to be instituted by A is the condictio indebiti. (1) This action is available in
instances where a debt not owing was paid. (1)
State each of the requirements:
(i) Transfer of ownership in the form of payment of money or delivery of a specific object (1)
For tutorial text me Mogau on 065 381 0612
©reserved
©reserved
Pvl3704 enrichment and estoppel
Assignment 1
Question 1
A owns a factory manufacturing steel in a continuous process. His monthly electricity bill
averages R100 000. He just received a letter from the Johannesburg Municipality in
which they threaten to cut his electricity if he doesn’t immediately pay his “arrear
account of R300 000”. A knows that there must be a mistake, because his account is
paid in full, but also knows that if there is a disruption in his electricity supply he will
suffer severe losses. He pays the amount immediately and sends a letter of complaint
with. Advise A whether he will be able to reclaim the R300 000 he paid, and with which
remedy? In your answer discuss the requirements for this remedy. (10)
(a) You first need to identify the correct unjustified enrichment action. If necessary explain
why another enrichment claim cannot be used. (2)
(b) Then discuss the relevant requirements for a successful claim under the action and any
defences against such claim. (5)
(c) Apply the requirements of the claim to the facts provided. (2)
(d) Make a definite conclusion on the question asked. (1)
The correct action to be instituted by A is the condictio indebiti. (1) This action is available in
instances where a debt not owing was paid. (1)
State each of the requirements:
(i) Transfer of ownership in the form of payment of money or delivery of a specific object (1)
For tutorial text me Mogau on 065 381 0612
©reserved
