PVL3704 Assignment 1 2021

MEMORY MUTAMBO UNJUSTIFIED ENRICHMENT LIABILITY AND ESTOPEL PVL3704 ASSIGNMENT 1 UNIQUE NUMBER: DUE DATE 15 MAY 2021 This study source was downloaded by from CourseH on :13:40 GMT -05:00 This study resource was shared via CourseH Page 2 of 3 Question 1 There must be a causal link between the enrichment and the impoverishment. The enrichment must be at the expense of the Plaintiff. If a defendant is to be held liable for enrichment, it is not sufficient that he or she has been enriched, and that the Plaintiff has been impoverished. For a general claim of enrichment certain requirements must be met for the defendant to be liable. One of the requirements is that the defendant’s enrichment must have been at the expense of the plaintiff. So it means there must be a causal link between the enrichment and the impoverishment of the defendant and plaintiff respectively. Generally the defendant must have been enriched directly at the expense of the plaintiff. The above mentioned view was adopted in Gouws v Jester Pools (Pty) Ltd 1968 3 SA 653 (T) (hereinafter the Gouws case.)