PVL3704
Assignment 01
Semester 2 2025
Due 21 August 2025
, PVL3704
Assignment 01
Semester 2 2025
Due Date: 21 August 2025
This response is based on the prescribed study guide.
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.
The quantum of an enrichment claim is determined by calculating the lesser of two
values: the extent of the plaintiff’s impoverishment and the extent of the defendant’s
enrichment. This ensures that the claim remains restorative rather than punitive.
The first step is assessing the plaintiff's impoverishment. This refers to the actual
reduction in their estate due to the unjustified transfer of value. The impoverishment
must be measurable and patrimonial. If the plaintiff cannot prove a financial loss that
resulted from the transfer, the enrichment claim will fail.
The second consideration is the defendant's enrichment. This entails a benefit acquired
by the defendant due to the plaintiff’s loss. The enrichment must still be present in the
defendant's estate at the time the action is instituted. If the defendant has lost the
benefit through no fault of their own, for instance by theft or destruction, the enrichment
may be reduced or extinguished.
The quantum is determined by comparing the plaintiff's loss and the defendant's gain,
and awarding the lesser of the two. This is based on the legal principle that no person
Assignment 01
Semester 2 2025
Due 21 August 2025
, PVL3704
Assignment 01
Semester 2 2025
Due Date: 21 August 2025
This response is based on the prescribed study guide.
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.
The quantum of an enrichment claim is determined by calculating the lesser of two
values: the extent of the plaintiff’s impoverishment and the extent of the defendant’s
enrichment. This ensures that the claim remains restorative rather than punitive.
The first step is assessing the plaintiff's impoverishment. This refers to the actual
reduction in their estate due to the unjustified transfer of value. The impoverishment
must be measurable and patrimonial. If the plaintiff cannot prove a financial loss that
resulted from the transfer, the enrichment claim will fail.
The second consideration is the defendant's enrichment. This entails a benefit acquired
by the defendant due to the plaintiff’s loss. The enrichment must still be present in the
defendant's estate at the time the action is instituted. If the defendant has lost the
benefit through no fault of their own, for instance by theft or destruction, the enrichment
may be reduced or extinguished.
The quantum is determined by comparing the plaintiff's loss and the defendant's gain,
and awarding the lesser of the two. This is based on the legal principle that no person
