PVL3704 - ENRICHMENT AND
ESTOPPEL EXAM QUESTIONS &
UPDATED CORRECT ANSWERS
ALREADY GRADED A+
How extent of enrichment liability is calculated? - Correct Answer ✔✔ - 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
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.
A has demanded payment from B of an amount of R50,000 which he believes B is
owing. B has
ESTOPPEL EXAM QUESTIONS &
UPDATED CORRECT ANSWERS
ALREADY GRADED A+
How extent of enrichment liability is calculated? - Correct Answer ✔✔ - 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
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.
A has demanded payment from B of an amount of R50,000 which he believes B is
owing. B has
