PVL3704 UNJUSTIFIED ENRICHMENT LIABILITY AND
ESTOPPEL EXAM 2026 ACTUAL COMPREHENSIVE REAL
EXAM QUESTIONS AND VERIFIED SOLUTIONS | ALREADY
GRADED A+ | GUARANTEED SUCCESS !! NEWEST EXAM |
JUST RELEASED!!
Party to satisfy the following requirements: - ANSWER-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 - ANSWER-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 - ANSWER-The impoverished party must prove that
the payment was
not owed. No debt was owing to the
enriched party.
, excusable mistake - ANSWER-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 - ANSWER-
Appellate division refused to jettison the
requirement concerned.
iustus error - ANSWER-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 - ANSWER-Court accepted that the
value of a service
rendered could in our contemporary law, be reclaimed
by employing such
ESTOPPEL EXAM 2026 ACTUAL COMPREHENSIVE REAL
EXAM QUESTIONS AND VERIFIED SOLUTIONS | ALREADY
GRADED A+ | GUARANTEED SUCCESS !! NEWEST EXAM |
JUST RELEASED!!
Party to satisfy the following requirements: - ANSWER-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 - ANSWER-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 - ANSWER-The impoverished party must prove that
the payment was
not owed. No debt was owing to the
enriched party.
, excusable mistake - ANSWER-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 - ANSWER-
Appellate division refused to jettison the
requirement concerned.
iustus error - ANSWER-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 - ANSWER-Court accepted that the
value of a service
rendered could in our contemporary law, be reclaimed
by employing such
