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PVL3704 - Enrichment Liability And Estoppel (PVL3704)

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Which one of the following statements does not constitute enrichment according to Nortjé v Pool 1966 (3) SA 96 (A)? 1 The plaintiff transfers money to the defendant. 2 The plaintiff builds a house on the defendant’s property. 3 The plaintiff prospects for and finds valuable minerals on the property of the defendant. 4 The plaintiff pays the debt of the defendant to another party. 5 The plaintiff repairs the defendant’s car. (2) Question 2 Which one of the following statements does not constitute impoverishment for the purposes of a claim in unjustified enrichment? 1 The plaintiff pays money by mistake to the defendant. 2 The plaintiff pays the debt of the defendant to another party. 3 The plaintiff performs in terms of an illegal contract. 4 The defendant uses the plaintiff’s lapa and swimming pool to entertain his friends without the plaintiff’s permission while the plaintiff is away on business. 5 The plaintiff repairs the defendant’s car. (2) Question 3 Which one of the following does not constitute indirect enrichment? (1) A builds a lapa for B in terms of a contract on property he believes belongs to B, but which actually belongs to C. (2) A contracts with B to store property which he believes belongs to B, but which actually belongs to C. (3) A takes out a life insurance policy with insurer B for the benefit of his son C. (4) A contracts with B to supply the roof timber of a house that B is building for C, but B cannot pay A. (5) A contracts with B to repair a car that he believes belongs to B, but which actually belongs to C. (2) PVL3704 May/June 2020 4 of 21 Question 4 Which one of the following statements constitutes enrichment obtained sine causa? 1 A must pay a sum of money to B in accordance with a court order, even though A believes with reason that the money is not owed. 2 A receives an inheritance from B, a distant relative whom A did not know. 3 A acquires ownership in the property of B due to acquisitive prescription. 4 A sells his house to B at a highly inflated price. 5 A pays B the purchase price to buy B’s house, but the agreement of sale does not comply with the statutory formalities for such agreements. (2) Question 5 Which one of the following statements is the most correct? 1 A claim in enrichment is primarily aimed at compensating the impoverished party for his or her loss. 2 A claim in enrichment is primarily aimed at having a specific item retransferred in ownership to the impoverished party. 3 A claim in enrichment is primarily aimed at claiming undue profits made by the enriched party. 4 A claim in enrichment is primarily aimed at claiming interest from the enriched party. 5 A claim in enrichment is primarily aimed at claiming specific performance due to breach of contract. (2) Question 6 On what date is enrichment liability generally fixed? 1 On the date of impoverishment. 2 On the date of enrichment. 3 On the date upon which the enrichment claim is lodged. 4 On the date upon which interest begins to accrue. 5 From the date of judgment by a court. (2) PVL3704 May/June 2020 5 of 21 Question 7 Which statement best describes the manner in which the extent (quantum) of the enrichment is calculated in the case of a fully developed enrichment action?

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PVL3704
QuestionsPACK

2009-2021




Past Exam Papers
Contains Questions ONLY

,PVL3704
QuestionsPACK

2009-2021




Past Exam Papers
Contains Questions ONLY

, UNIVERSITY EXAMINATIONS




May/June 2020

PVL3704

Enrichment Liability & Estoppel

100 Marks
Duration 2 Hours




This paper consists of 21 pages.

Instructions:

1. The examination consists of Multiple-Choice Question types only.

2. The examination question paper counts 100 marks and consists of 50 Multiple-Choice
Questions each worth 2 marks. Answer all of the questions.

3. The duration of the examination is 2 hours. You will be allowed a further thirty (30) minutes
after the conclusion of the official examination period to upload your examination responses
(answers) onto the myUnisa platform for further processing.

4. This is a closed-book examination. While the examination is in progress, you are not allowed to
consult another person or any source in order to assist you to answer any of the questions
contained in this question paper. You may also not assist another student in answering any of the
questions contained in this question paper.

5. The answers to this MCQ examination may only be submitted online on myUnisa. The Unisa
MCQ App cannot be used for examination submissions.

5.1 Access myUnisa at https://my.unisa.ac.za/portal and login using your student number and
myUnisa password.

5.2 Click on the “myAdmin” tab in the top navigation.

5.3 In the “Assessments” submenu, click on the “Assessment Info” tool in the drop-down list.
 A list of all available assessments will display.
 Find the corresponding examination assessment number for your module.
 Click on the Submit link in the Action column and follow the steps described below.

Step 1: Enter the total number of questions required for the assessment.
 Enter the total number of questions for your assessment in the Number of Questions
field.
 Click on the Continue button.




Open Rubric

, 3 of 21 PVL3704
May/June 2020


UNJUSTIFIED ENRICHMENT
Question 1

Which one of the following statements does not constitute enrichment according to Nortjé v Pool
1966 (3) SA 96 (A)?

1 The plaintiff transfers money to the defendant.

2 The plaintiff builds a house on the defendant’s property.

3 The plaintiff prospects for and finds valuable minerals on the property of the defendant.

4 The plaintiff pays the debt of the defendant to another party.

5 The plaintiff repairs the defendant’s car. (2)
Question 2

Which one of the following statements does not constitute impoverishment for the purposes of a
claim in unjustified enrichment?

1 The plaintiff pays money by mistake to the defendant.

2 The plaintiff pays the debt of the defendant to another party.

3 The plaintiff performs in terms of an illegal contract.

4 The defendant uses the plaintiff’s lapa and swimming pool to entertain his friends without
the plaintiff’s permission while the plaintiff is away on business.

5 The plaintiff repairs the defendant’s car. (2)
Question 3
Which one of the following does not constitute indirect enrichment?

(1) A builds a lapa for B in terms of a contract on property he believes belongs to B, but which
actually belongs to C.

(2) A contracts with B to store property which he believes belongs to B, but which actually
belongs to C.

(3) A takes out a life insurance policy with insurer B for the benefit of his son C.

(4) A contracts with B to supply the roof timber of a house that B is building for C, but B
cannot pay A.

(5) A contracts with B to repair a car that he believes belongs to B, but which actually belongs
to C. (2)

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