PVL3704 UNJUSTIFIED ENRICHMENT LIABILITY AND
ESTOPPEL NEWEST ACTUAL WITH COMPLETE QUESTIONS
WITH ANSWERS | GRADED A+/VERIFID | LATEST
Party to satisfy the following requirements: - ---Answers---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.
Payment - ---Answers---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.
not owed - ---Answers---The impoverished party must prove
that the payment was not owed. No debt was owing to the
enriched party.
Page 1 of 8
, excusable mistake - ---Answers---impoverished party must
prove that the payment was made by mistake and that the
mistake was an excusable one.
If impoverished party knew that the payment was not owing, it
is assumed that the intention had been to make a donation and
therefore performance cannot be reclaimed.
Exception - when payment is made under duress and protest.
Willis Faber Enthoven Pty Ltd v Received of Revenue and
Another - ---Answers---Appellate division refused to jettison
the requirement concerned.
iustus error - ---Answers---retention of the iustus error
requirements is contentious, because it leads to anomalies
and unfair results. Right to equal treatment and fairness under
constitutional principles may be used to develop the law.
Frame v Palmer - ---Answers---Court accepted that the
value of a service rendered could in our contemporary law, be
reclaimed by employing such action. Rumpff JA (minority
report agreed to the above but the majority of the court left the
question open.
factum - ---Answers---SERVICE RENDERED
Page 2 of 8
ESTOPPEL NEWEST ACTUAL WITH COMPLETE QUESTIONS
WITH ANSWERS | GRADED A+/VERIFID | LATEST
Party to satisfy the following requirements: - ---Answers---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.
Payment - ---Answers---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.
not owed - ---Answers---The impoverished party must prove
that the payment was not owed. No debt was owing to the
enriched party.
Page 1 of 8
, excusable mistake - ---Answers---impoverished party must
prove that the payment was made by mistake and that the
mistake was an excusable one.
If impoverished party knew that the payment was not owing, it
is assumed that the intention had been to make a donation and
therefore performance cannot be reclaimed.
Exception - when payment is made under duress and protest.
Willis Faber Enthoven Pty Ltd v Received of Revenue and
Another - ---Answers---Appellate division refused to jettison
the requirement concerned.
iustus error - ---Answers---retention of the iustus error
requirements is contentious, because it leads to anomalies
and unfair results. Right to equal treatment and fairness under
constitutional principles may be used to develop the law.
Frame v Palmer - ---Answers---Court accepted that the
value of a service rendered could in our contemporary law, be
reclaimed by employing such action. Rumpff JA (minority
report agreed to the above but the majority of the court left the
question open.
factum - ---Answers---SERVICE RENDERED
Page 2 of 8
