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Revision Examination Tests
“Come all for this Greatness”
... 100% Correct Ans ...
PVL3704 UNJUSTIFIED ENRICHMENT LIABILITY AND ESTOPPEL - CONDICTIO
INDEBITI TESTS - 2024-2025 ACTUAL EXAM COMPLETE -
QUESTIONS AND CORRECT DETAILED ANSWERS
Quiz Requirement for the condictio indebiti (3) (Roman Law)
Ans: datio of money or things;
error; and
unduey payment
Quiz Datio (Roman Law)
Ans: dationis. noun. Definitions: donation/gift. giving/assigning/allotting/handing
over (act), transfer.
Quiz solvendi animo per errorem (Roman Law)
Ans: in the mistaken belief that the debt was due.
Quiz Quantum of claim (Roman Law)
Ans: The received had to restore the thing plus fixtures plus fruits (less production
expenses)
The receiver entitled to compensation for his or her necessary expenses and useful
expenses.
Interest drawn on the money paid for, and the value of, a service cannot be
recovered with this condictio.
Quiz Requirements in Roman Dutch Law
Ans: Essentially the same as that which feature in Roman Law.
, View that a payment based on an error of law could not be recovered remained in
place.
Plaintiff could be denied the condictio only on considerations of equity
Quiz Obiligation to return in Roman Dutch Law
Ans: Obligation of receiver to restore the thing:-
Obligation to return the thing received
If no longer in his or her possession then the value thereof to be returned.
Quiz Defence can be raised
Ans: He / She has lost or alienated the thing
or that the loss after he/she became aware of his / her obligation was not his or her
fault.
Has to restore as much of the value of the thing as still remained in his / her estate.
Quiz Condictio indebiti in SA Law
Ans: 1. Remedy based on unjustified enrichment.
2. Person reclaims performance rendered under an excusable mistake that was not
owing i.t.o. the remedy.
3. Unowed performance may in certain circumstances be reclaimed from a party
other than the actual recipient thereof.
4. Reclamataion depends on who the law regards as being the actual recipient of the
value transferred.
Quiz Party to satisfy the following requirements:
Ans: a) He or she must have given or transferred something in ownership to
another. (Transfer of copyright or a trademark, or even a claim, can be reclaimed
with the condictio indebiti)
b)Transfer must have taken place as the result of a mistake having been made on
the part of the transferor,
c) the mistake, whether in law or in fact, must have been reasonable mistake under
the circumstances.
Quiz Payment
Ans: Impoverished party must prove that it has made a payment in the broad sense
described above to the enriched party. This includes :
Transfer of ownership in a thing
payment of money
performance of work and services
transfer of possession
transfer of such immaterial property as rights.
Quiz not owed
Revision Examination Tests
“Come all for this Greatness”
... 100% Correct Ans ...
PVL3704 UNJUSTIFIED ENRICHMENT LIABILITY AND ESTOPPEL - CONDICTIO
INDEBITI TESTS - 2024-2025 ACTUAL EXAM COMPLETE -
QUESTIONS AND CORRECT DETAILED ANSWERS
Quiz Requirement for the condictio indebiti (3) (Roman Law)
Ans: datio of money or things;
error; and
unduey payment
Quiz Datio (Roman Law)
Ans: dationis. noun. Definitions: donation/gift. giving/assigning/allotting/handing
over (act), transfer.
Quiz solvendi animo per errorem (Roman Law)
Ans: in the mistaken belief that the debt was due.
Quiz Quantum of claim (Roman Law)
Ans: The received had to restore the thing plus fixtures plus fruits (less production
expenses)
The receiver entitled to compensation for his or her necessary expenses and useful
expenses.
Interest drawn on the money paid for, and the value of, a service cannot be
recovered with this condictio.
Quiz Requirements in Roman Dutch Law
Ans: Essentially the same as that which feature in Roman Law.
, View that a payment based on an error of law could not be recovered remained in
place.
Plaintiff could be denied the condictio only on considerations of equity
Quiz Obiligation to return in Roman Dutch Law
Ans: Obligation of receiver to restore the thing:-
Obligation to return the thing received
If no longer in his or her possession then the value thereof to be returned.
Quiz Defence can be raised
Ans: He / She has lost or alienated the thing
or that the loss after he/she became aware of his / her obligation was not his or her
fault.
Has to restore as much of the value of the thing as still remained in his / her estate.
Quiz Condictio indebiti in SA Law
Ans: 1. Remedy based on unjustified enrichment.
2. Person reclaims performance rendered under an excusable mistake that was not
owing i.t.o. the remedy.
3. Unowed performance may in certain circumstances be reclaimed from a party
other than the actual recipient thereof.
4. Reclamataion depends on who the law regards as being the actual recipient of the
value transferred.
Quiz Party to satisfy the following requirements:
Ans: a) He or she must have given or transferred something in ownership to
another. (Transfer of copyright or a trademark, or even a claim, can be reclaimed
with the condictio indebiti)
b)Transfer must have taken place as the result of a mistake having been made on
the part of the transferor,
c) the mistake, whether in law or in fact, must have been reasonable mistake under
the circumstances.
Quiz Payment
Ans: Impoverished party must prove that it has made a payment in the broad sense
described above to the enriched party. This includes :
Transfer of ownership in a thing
payment of money
performance of work and services
transfer of possession
transfer of such immaterial property as rights.
Quiz not owed
