Condictiones Samenvattingen, Aantekeningen en Examens

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. (10) Answer In principle the plaintiff is allowed to claim the amount he has been impoverished, or the amount by which the defendant has been enriched, whichever is the lesser. (1) See Study Guide 1, pars 1.1.4 and 2.3. The quantum of the enrichment claim is calculated at the time the claim is instituted. (1) ...

PVL3704 Assignment 01 Semester 2 2022. 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 l...

UNJUSTIFIED ENRICHMENT LIABILITY AND ESTOPPEL DEFINITION When one person’s estate is increased unjustifiably at the expense of another.  Enrichment = source of obligation  Relationship between debtors and creditors LAW OF PERSONS LAW OF OBLIGATIONS LAW OF PROPERTY LAW OF DELICT LAW OF CONTRACT UNJUSTIFIED ENRICHMENT COMPONENTS/ GENERAL PRINCIPLES / REQUIREMENTS  Enrichment  Impoverishment  Sine causa requirement (without legal cause)  Causality (at the expense o...

2020 – SEMESTER 1 - ANSWERS TO ASSIGNMENT 1 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. (10) Answer In principle the plaintiff is allowed to claim the amount he has been impoverished, or the amount by which the defendant has been enriched, whichever is the lesser. (1) See Study Guide 1, pars 1.1.4 and 2.3. The quantum of the enrichment claim is calcul...

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. (10) Answer In principle the plaintiff is allowed to claim the amount he has been impoverished, or the amount by which the defendant has been enriched, whichever is the lesser. (1) See Study Guide 1, pars 1.1.4 and 2.3. The quantum of the enrichment claim is calculated at the time the claim is instituted. (1) ...

) Identifying the correct action The correct action to be instituted by A is the condictio indebiti. This action is available in instances where a debt not owing was paid. (1) Incidentally no unlawful, ultra vires or void contract is relevant here and therefore it seems as if no other condictiones could be applicable. (1) (b) Requirements for the action and defences against it See Study Guide 1, par 3.4 for the requirements. State each of the requirements: (i) Transfer of ownership in the...

Question 2 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 it threatens 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 im...

1. Requirement for the condictio indebiti (3) (Roman Law) datio of money or things; error; and unduey payment 2. Datio (Roman Law) dationis. noun. Definitions: donation/gift. giving/assign- ing/allotting/handing over (act), transfer. 3. solvendi animo per errorem (Roman Law) 4. Quantum of claim (Roman Law) 5. Requirements in Roman Dutch Law 6. Obiligation to return in Roman Dutch Law 7. Defence can be raised in the mistaken belief that the debt was due. The received had ...

PVL3704 Assignment 01 Semester 2 2022. 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 l...

PVL3704 Assignment 01 Semester 2 2022. 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 l...