Description

PVL3704 Assignment 1 2025 – Due 13 March 2025

 

Question 1

Discuss (by reference to relevant case law) the requirement that the enrichment must have been sine causa.

Requirement that the Enrichment Must Have Been Sine Causa

In the context of unjustified enrichment, the requirement that the enrichment must have been sine causa (without legal cause) is fundamental. This principle ensures that a party who receives a benefit without a justifiable reason can be compelled to  return it. Various case law illustrates how South African courts have interpreted this requirement.

1. Govender v Standard Bank
This case is a pivotal authority in distinguishing between the condictio indebiti and condictio sine causa specialis. The court held that:  A bank paying a cheque does not owe a debt to the payee; rather, the drawer of the cheque is the party liable. Since the payment was made after the cheque had been countermanded, the bank’s payment was made without a legal cause. The condictio indebiti was inapplicable because the payment was not made under a
mistaken belief that a debt was due. Instead, the payment fell within the condictio sine causa, as the bank’s funds ended up with the payee without a justifiable cause¹….

4 reviews for PVL3704 Assignment 1 2025 – Due 13 March 2025

  1. lindo99

    ⭐⭐⭐⭐⭐

  2. sallyJ

    ⭐⭐⭐⭐⭐

  3. Junebug

    Happy

  4. Inker55

    ⭐⭐⭐⭐⭐

Only logged in customers who have purchased this product may leave a review.

Description

PVL3704 Assignment 1 2025 – Due 13 March 2025

 

Question 1

Discuss (by reference to relevant case law) the requirement that the enrichment must have been sine causa.

Requirement that the Enrichment Must Have Been Sine Causa

In the context of unjustified enrichment, the requirement that the enrichment must have been sine causa (without legal cause) is fundamental. This principle ensures that a party who receives a benefit without a justifiable reason can be compelled to  return it. Various case law illustrates how South African courts have interpreted this requirement.

1. Govender v Standard Bank
This case is a pivotal authority in distinguishing between the condictio indebiti and condictio sine causa specialis. The court held that:  A bank paying a cheque does not owe a debt to the payee; rather, the drawer of the cheque is the party liable. Since the payment was made after the cheque had been countermanded, the bank’s payment was made without a legal cause. The condictio indebiti was inapplicable because the payment was not made under a
mistaken belief that a debt was due. Instead, the payment fell within the condictio sine causa, as the bank’s funds ended up with the payee without a justifiable cause¹….

4 reviews for PVL3704 Assignment 1 2025 – Due 13 March 2025

  1. lindo99

    ⭐⭐⭐⭐⭐

  2. sallyJ

    ⭐⭐⭐⭐⭐

  3. Junebug

    Happy

  4. Inker55

    ⭐⭐⭐⭐⭐

Only logged in customers who have purchased this product may leave a review.

4.75Based on 4 reviews
(3)
(1)
(0)
(0)
(0)
20
    20
    Your Shopping Cart
    HSY2601 Assignment 2
    HSY2601 Assignment 2 2025 - Due 3 April 2025
    Seller:

    Unisian

    Price: R50.00
    R50.00
    RSK4801 Assignment 4 Semester 2 Memo | Due 3 October 2025
    R50.00
    MRL3702 Assignment 2 Semester 2 Memo | Due 11 September 2025
    R100.00
    LPL4802 Portfolio Due 30 October 2024
    LPL4802 Portfolio Due 30 October 2024
    Seller:

    Unisian

    Price: R50.00
    R50.00
    COM3702 Assignment 1 Semester 2 2024 | Due 22 August 2024
    R80.00
    FIS2603 ASSIGNMENT 2 SEMESTER 1 2025 - FULLY ANSWERED
    FIS2603 ASSIGNMENT 2 SEMESTER 1 2025 - FULLY ANSWERED
    Seller:

    The Smart Slacker

    Price: R60.00
    R60.00
    DPR1503 Assignment 3 Semester 1 Memo | Due 25 April 2025
    R100.00
    GGH3701 Assignment 1 2025 - Due 9 April 2025
    GGH3701 Assignment 1 2025 - Due 9 April 2025
    Seller:

    Unisian

    Price: R50.00
    R50.00
    LSP1501 Assignment 5 2025 Due 27 June 2025
    LSP1501 Assignment 5 2025 Due 27 June 2025
    Seller:

    Unisian

    Price: R50.00
    R50.00
    NST2601 Assignment 3 2025 - Due 31 July 2025
    NST2601 Assignment 3 2025 - Due 31 July 2025
    Seller:

    Unisian

    Price: R50.00
    R50.00
    LML4807 Assignment 2 Semester 2 2024 | Due 30 September 2024
    R50.00
    MNG3702 Assignment 2 Semester 2 2024 | Due August 2024
    R100.00
    MAC3703 Assignment 2 2023 Due 19 Sept 2023
    MAC3703 Assignment 2 2023 Due 19 Sept 2023
    Seller:

    Unisian

    Price: R60.00
    R60.00
    TMS3708 Assignment 3
    TMS3708 Assignment 3 Due 26 June 2024
    Seller:

    Unisian

    Price: R50.00
    R50.00
    FAC1601 Assignment 3 Due 30 April 2024
    FAC1601 Assignment 3 Due 30 April 2024
    Seller:

    Unisian

    Price: R50.00
    R50.00
    COS3701 Assignment 3 Memo | Due August 2025
    COS3701 Assignment 3 Memo | Due August 2025
    Seller:

    Aimark94

    Price: R50.00
    R50.00
    DSC1630 Assignment 4
    DSC1630 Assignment 4 April 2024 (99%)
    Seller:

    Unisian

    Price: R50.00
    R50.00
    (ZUL2606 Asayimenti yoku-1 ISEMESTA YESI-2) Due Date: 2025
    R50.00
    MIP1501 Assignment 1 2025 - Due 11 June 2025
    MIP1501 Assignment 1 2025 - Due 11 June 2025
    Seller:

    Unisian

    Price: R50.00
    R50.00