PVL3043 Enrichment and Estoppel - MCQ

Enrichment and Estoppel VARIOUS MULTIPLE CHOICE QUESTIONS Question 1: Which statement best describes the basis on which unjustified enrichment law is based in SA law: 1. Unjustified enrichment provides an alternative claim to contractual and delictual claims in cases where a party simultaneously has a contractual or delictual claim. 2. Unjustified enrichment provides a basis for a claim where the enrichment of the enriched person has been obtained in an unlawful manner. 3. Unjustified enrichment provides a basis for a claim where there has been a transfer of property or value from he impoverished party to the enriched party without a sufficient legal ground. 4. Unjustified enrichment provides a basis for a claim where the enriched party obtained its enrichment through the use of unfair contract terms. The following facts are relevant for Questions 2 and 3: A, an American tourist, has leased a vehicle from B. While travelling in the Northern Cape, the vehicle breaks down. A contracts with C, a garage in Springbok, to repair the vehicle at a cost of R12,000. After two days A leases another vehicle from X and completes his trip. A departs for America. C wants to claim the R12,000 from B. Question 2: Which statement best explains whether C has a claim against B and the authority on which it is based? (1) In terms of the decision in Gouws v Jester Pool (Pty) Ltd 1968 it was held that C has no claim against B because B has not been enriched at C’s expense. (2) In terms of the decision in Gouws v Jester Pool (Pty) Ltd 1968 it was held that C has no claim against B because B has not been enriched. (3) The decision in the Gouws case was confirmed in Buzzard Electrical v 158 Jan Smuts avenue Investments 1996. (4) The decision in the Gouws case was rejected in Buzzard Electrical v 158 Jan Smuts avenue Investments 1996. Question 3: Which statement best explains whether C has a retention right or whether he can exercise it? (1) C can exercise a retention right over the vehicle against B until it has been paid in full contract price. (2) C can exercise a retention right over the vehicle against B until such time as it has been paid for its necessary expenses. (3) In terms of the decision in Buzzard Electrical v 158 Jan Smuts Avenue Investments 1996 party C has no retention right because he has no enrichment action against B. (4) C has no retention right under these circumstances