PVL3704 EXAM 2025 – COMPLETE STUDY
GUIDE WITH QUESTIONS AND 100%
CORRECT
VERIFIED ANSWERS | A+ GRADED LATEST
UPDATE
Gouws case - ANS✔✔---Prevalent view appears to have been that the
value of a service rendered cannot be claimed by ANY of the
condictiones sine causa.
Enriched party's defence of non-enrichment - ANS✔✔---King Case.
Once undue payment has been made, the receiver has to prove the
circumstances that will relieve him or her of the obligation to repay.
Plaintiff can claim the maximum amount of enrichment, but the
defendant can claim that his or her enrichment has lessened, or has even
completely fallen away, provided that the rules in respect of default
(mora) are not applicable.
Page 1 of 10
, Frame v Palmer - ANS✔✔---Court accepted that the value of a service
rendered could in our contemporary law, be reclaimed by employing
such action. Rumpff JA (minority report agreed to the above but the
majority of the court left the question open.
receipt of money enrichment - ANS✔✔---If the defendant is not in a
better position than he or she would have been had the payment not
taken place, then he or she cannot be considered to have been enriched,
and therefore will no longer be liable. If he or she was only partly better
off after the undue payment was made, then the enrichment is
correspondingly lessened..
No necessary that funds received be kept separately.
Payment made by cheque into overdrawn accounts - ANS✔✔---ABSA
BANK LTD v STANDARD BANK OF SA LTD
Money exchanged for something - ANS✔✔---1. If receiver bought
something that they would have bought in any case, then he or she is
enriched (saved expenses) by the full amount received, irrespective of
the value or fate of the acquisition.
Page 2 of 10
GUIDE WITH QUESTIONS AND 100%
CORRECT
VERIFIED ANSWERS | A+ GRADED LATEST
UPDATE
Gouws case - ANS✔✔---Prevalent view appears to have been that the
value of a service rendered cannot be claimed by ANY of the
condictiones sine causa.
Enriched party's defence of non-enrichment - ANS✔✔---King Case.
Once undue payment has been made, the receiver has to prove the
circumstances that will relieve him or her of the obligation to repay.
Plaintiff can claim the maximum amount of enrichment, but the
defendant can claim that his or her enrichment has lessened, or has even
completely fallen away, provided that the rules in respect of default
(mora) are not applicable.
Page 1 of 10
, Frame v Palmer - ANS✔✔---Court accepted that the value of a service
rendered could in our contemporary law, be reclaimed by employing
such action. Rumpff JA (minority report agreed to the above but the
majority of the court left the question open.
receipt of money enrichment - ANS✔✔---If the defendant is not in a
better position than he or she would have been had the payment not
taken place, then he or she cannot be considered to have been enriched,
and therefore will no longer be liable. If he or she was only partly better
off after the undue payment was made, then the enrichment is
correspondingly lessened..
No necessary that funds received be kept separately.
Payment made by cheque into overdrawn accounts - ANS✔✔---ABSA
BANK LTD v STANDARD BANK OF SA LTD
Money exchanged for something - ANS✔✔---1. If receiver bought
something that they would have bought in any case, then he or she is
enriched (saved expenses) by the full amount received, irrespective of
the value or fate of the acquisition.
Page 2 of 10
