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PVL3704 UNJUSTIFIED ENRICHMENT LIABILITY AND
ESTOPPEL EXAM 2026 ACTUAL COMPREHENSIVE
REAL EXAM QUESTIONS AND VERIFIED SOLUTIONS
||Verified Exam!!| ALREADY GRADED A+ |
GUARANTEED SUCCESS !! NEWEST EXAM!!!
How extent of enrichment liability is calculated? - Answers-
- plaintiff claimed amount he has been impoverished or
- defendant amount he has been enriched
- whichever is lesser
- quantum of the enrichment claim is calculated at the time
the claim is instituted.
- means the defendant is not liable for benefits that he due
to his enrichment could have
gained, but didn't.
- If 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
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defendant becomes aware of enrichment
(b) at an earlier stage if the defendant should
have known that the benefit wasn't 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 taken into account.
Interest earned on money in the hands of the defendant
before litis contestatio cannot be
claimed by the plaintiff, but after mora the plaintiff can
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 defence of non-enrichment. However, if all or
part of what he spent the money on (eg 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.
PVL3704 UNJUSTIFIED ENRICHMENT LIABILITY AND
ESTOPPEL EXAM 2026 ACTUAL COMPREHENSIVE
REAL EXAM QUESTIONS AND VERIFIED SOLUTIONS
||Verified Exam!!| ALREADY GRADED A+ |
GUARANTEED SUCCESS !! NEWEST EXAM!!!
How extent of enrichment liability is calculated? - Answers-
- plaintiff claimed amount he has been impoverished or
- defendant amount he has been enriched
- whichever is lesser
- quantum of the enrichment claim is calculated at the time
the claim is instituted.
- means the defendant is not liable for benefits that he due
to his enrichment could have
gained, but didn't.
- If 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
, 2|Page
defendant becomes aware of enrichment
(b) at an earlier stage if the defendant should
have known that the benefit wasn't 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 taken into account.
Interest earned on money in the hands of the defendant
before litis contestatio cannot be
claimed by the plaintiff, but after mora the plaintiff can
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 defence of non-enrichment. However, if all or
part of what he spent the money on (eg 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.
