PVL3704
Assignments PACK
2009-2021
Tut201 Letters
Questions. Answers
,PVL3704
Assignments PACK
2009-2021
Tut201 Letters
Questions. Answers
, PVL3704/201/0/2021
Tutorial Letter 201/0/2021
Undue Enrichment and Estoppel
PVL3704
Department of Private Law
This tutorial letter contains important information
about your module.
Bar code
1
Open Rubric
, PVL3704/201
Dear Student,
1 COMMENTARY ON THE ASSIGNMENTS
This tutorial letter contains the memorandum, as well as a discussion, of the answers to the two
assignments. Please note that only Question 1 of Assignment 1 was assessed. If you did
not answer Question 1 you will receive 0 for the assignment.
1.1 ANSWERS TO ASSIGNMENT 1
Question 1
Discuss the general requirement that the defendant’s enrichment must have been at the
expense of the plaintiff. Refer in your answer to case law. (15)
Answer
See Study Guide 1 par 2.2.3, page 21ff and par 8.2.2, page 81ff.
(a) Discussion of the causal link requirement and provision of relevant examples. (2)
(b) Discussion of the indirect enrichment problem:
(i) Explanation of the problem. (2)
(ii) Discussion of the view of De Vos (Study Guide 1, page 21). (2)
(iii) Discussion of Gouws v Jester Pools (Pty) Ltd 1968 (3) SA 563 (T). (2)
(iv) Discussion of Buzzard Electrical v 158 Jan Smuts Avenue Investments 1996 (4)
SA 19 (A). (2)
(v) Discussion of a right of retention and Brooklyn House Furnishers Ltd v Knoetze &
Sons 1970 (3) SA 264 (A). (2)
(vi) Discussion of ABSA Bank Ltd t/a Bankfin v Stander t/a CAW Paneelkloppers
1998 1 SA 929 (C). (3)
(vii) Motivated exposition of your own view. (2)
[max 15]
Question 2
A has sold uncut diamonds to B for an amount of R10 000,000 in contravention of statutory law.
B has paid the amount, but before the diamonds could be delivered, the money was confiscated
by the police during a raid at A’s house. Advise B on the availability of an enrichment action to
reclaim the R10 000,000. Refer in your answer to case law. (10)
3
Assignments PACK
2009-2021
Tut201 Letters
Questions. Answers
,PVL3704
Assignments PACK
2009-2021
Tut201 Letters
Questions. Answers
, PVL3704/201/0/2021
Tutorial Letter 201/0/2021
Undue Enrichment and Estoppel
PVL3704
Department of Private Law
This tutorial letter contains important information
about your module.
Bar code
1
Open Rubric
, PVL3704/201
Dear Student,
1 COMMENTARY ON THE ASSIGNMENTS
This tutorial letter contains the memorandum, as well as a discussion, of the answers to the two
assignments. Please note that only Question 1 of Assignment 1 was assessed. If you did
not answer Question 1 you will receive 0 for the assignment.
1.1 ANSWERS TO ASSIGNMENT 1
Question 1
Discuss the general requirement that the defendant’s enrichment must have been at the
expense of the plaintiff. Refer in your answer to case law. (15)
Answer
See Study Guide 1 par 2.2.3, page 21ff and par 8.2.2, page 81ff.
(a) Discussion of the causal link requirement and provision of relevant examples. (2)
(b) Discussion of the indirect enrichment problem:
(i) Explanation of the problem. (2)
(ii) Discussion of the view of De Vos (Study Guide 1, page 21). (2)
(iii) Discussion of Gouws v Jester Pools (Pty) Ltd 1968 (3) SA 563 (T). (2)
(iv) Discussion of Buzzard Electrical v 158 Jan Smuts Avenue Investments 1996 (4)
SA 19 (A). (2)
(v) Discussion of a right of retention and Brooklyn House Furnishers Ltd v Knoetze &
Sons 1970 (3) SA 264 (A). (2)
(vi) Discussion of ABSA Bank Ltd t/a Bankfin v Stander t/a CAW Paneelkloppers
1998 1 SA 929 (C). (3)
(vii) Motivated exposition of your own view. (2)
[max 15]
Question 2
A has sold uncut diamonds to B for an amount of R10 000,000 in contravention of statutory law.
B has paid the amount, but before the diamonds could be delivered, the money was confiscated
by the police during a raid at A’s house. Advise B on the availability of an enrichment action to
reclaim the R10 000,000. Refer in your answer to case law. (10)
3
