PVL3704 Assignment 1 Semester 2 2026 – Due 17 August 2026

Description

PVL3704 ASSIGNMENT 1 2026
DUE: 17 AUGUST 2026

QUESTION 1
Discuss (by reference to relevant case law) the requirement that the enrichment
must have been sine causa.

The Purpose of the Sine Causa Requirement
The requirement that enrichment must be sine causa (without legal cause) serves as
the essential limiting factor in the law of unjustified enrichment. Without this
requirement, enrichment liability would be so broad as to bring all commercial
transactions within its scope every profitable contract would constitute an enrichment at
someone else’s expense, which would effectively bring commerce to a halt.¹ The sine
causa requirement therefore restricts liability to those cases where it would be
inequitable to allow a person to retain benefits obtained at another’s expense.²

2. Defining the Sine Causa Requirement
Two prominent definitions have been advanced in South African law:
Van der Walt’s Definition: Enrichment is sine causa if there is no obligation existing
between the enriched party and the impoverished party in terms of which the
impoverished party could lay claim to the transfer of assets.³

¹ PVL3704 Study Guide 1, p 13, 21 ff (discussing the sine causa requirement as a limiting factor in
enrichment liability).
² PVL3704 Study Guide 1, par 1.1.4 and 2.3 (general principles of enrichment liability).