,PVL3704 Assignment 1 (COMPLETE ANSWERS)
Semester 2 2025 - DUE 21 August 2025; 100%
TRUSTED Complete, trusted solutions and
explanations.
MULTIPLE CHOICE,ASSURED EXCLLENCE
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.
(15 marks)
In general, the extent of enrichment liability (or the quantum
of the enrichment claim) is determined by the amount by
which the defendant’s estate has been enriched at the
expense of the plaintiff, and not necessarily by the amount of
the plaintiff’s loss. The calculation is based on objective
enrichment, and several principles guide this process:
1. Actual Enrichment at the Time of Litigation:
The enrichment must still exist in the estate of the
defendant at the time of the claim. If the enrichment has
been lost or disposed of without fault, there may be no
liability.
2. Value Received:
The measure of enrichment is often the value received by
the defendant, not the cost or value expended by the
, plaintiff. This means that if the defendant benefited less
than what the plaintiff spent, only the value of the
benefit is recoverable.
3. No Double Recovery:
The plaintiff is entitled to be compensated only to the
extent of the enrichment, preventing overcompensation
or double recovery.
4. Deductions for Expenses:
Any expenses incurred by the defendant in maintaining or
preserving the enrichment may be deducted from the
enrichment amount.
5. Subjective Decrease:
If the defendant’s enrichment is decreased or lost
without fault (e.g., through natural deterioration,
destruction, or consumption), the liability may also
decrease proportionally.
6. Benefit Must Be Attributable to the Plaintiff:
The enrichment must be causally linked to the plaintiff’s
expense or loss. If the enrichment would have occurred
independently, the defendant is not liable.
7. Unjust Factor or Absence of Legal Ground:
Although not part of the quantum calculation, liability
only arises if the enrichment was unjustified, i.e., there is
no legal basis for it.
Semester 2 2025 - DUE 21 August 2025; 100%
TRUSTED Complete, trusted solutions and
explanations.
MULTIPLE CHOICE,ASSURED EXCLLENCE
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.
(15 marks)
In general, the extent of enrichment liability (or the quantum
of the enrichment claim) is determined by the amount by
which the defendant’s estate has been enriched at the
expense of the plaintiff, and not necessarily by the amount of
the plaintiff’s loss. The calculation is based on objective
enrichment, and several principles guide this process:
1. Actual Enrichment at the Time of Litigation:
The enrichment must still exist in the estate of the
defendant at the time of the claim. If the enrichment has
been lost or disposed of without fault, there may be no
liability.
2. Value Received:
The measure of enrichment is often the value received by
the defendant, not the cost or value expended by the
, plaintiff. This means that if the defendant benefited less
than what the plaintiff spent, only the value of the
benefit is recoverable.
3. No Double Recovery:
The plaintiff is entitled to be compensated only to the
extent of the enrichment, preventing overcompensation
or double recovery.
4. Deductions for Expenses:
Any expenses incurred by the defendant in maintaining or
preserving the enrichment may be deducted from the
enrichment amount.
5. Subjective Decrease:
If the defendant’s enrichment is decreased or lost
without fault (e.g., through natural deterioration,
destruction, or consumption), the liability may also
decrease proportionally.
6. Benefit Must Be Attributable to the Plaintiff:
The enrichment must be causally linked to the plaintiff’s
expense or loss. If the enrichment would have occurred
independently, the defendant is not liable.
7. Unjust Factor or Absence of Legal Ground:
Although not part of the quantum calculation, liability
only arises if the enrichment was unjustified, i.e., there is
no legal basis for it.
