LCSP 4814 ENRICHMENT AND ESTOPPEL LECTURE 3 MRS. A SEPTEMBER VAN HUFFEL 22/02/2017 Compiled by Mrs A. September Van Huffel
Previously on unjustified enrichment…. • Importance of the court decisions leading up to the acceptance of a GEA in SA Law and we discussed each of these case in detail • We drew the distinction between the classical actions (action based and specific facts being present) versus a general enrichment action • Discussed the application of enrichment claims today: Two Part process in the courts Part 1: The Ad Hoc Case by case development of enrichment claims (rare cases – See: Sonnekus) Part 2: 4 requirements of enrichment action + classical action element (mistake or illegality for example) Note: that up to this point – you were unable to answer an factual application question of enrichment using Part 2 above because you were not yet introduced to the elements of the respective classical enrichment actions….. WE ENDED LECTURE 2 E&E ON THIS NOTE 22/02/2017 Compiled by Mrs A. September Van Huffel
The focus of this E & E lecture 3 is: FIRST CLASSICAL ENRICHMENT ACTION OF: CONDICTIO INDEBITI (CI) (Mistake/error) • The first classical actions available in enrichment • Most important classical action of them all (common in almost all law reports) • According to Visser: the most common enrichment claim under the rubric of “enrichment by transfer” • Du Plessis calls it : “giving” or the “act of transfer of property or payment over of money” • Where a person has performed under the mistaken belief that such a performance was due, the performance can be reclaimed with the CI. [See: facts of Garage repair – McCarthy] • Requirements and its application were laid down in the Roman Law , with minor adjustments in Roman– Dutch law and accepted in SA law . • Where a person has performed under the mistaken belief that such a performance was due, the performance can be reclaimed with the CI. • Note: enrichment is about WHO IS ENRICHED? and WHO IS IMPOVERISHED? = therefore a 3 rd party (for example an Agent in possession of the money/property) must claim from the actual enriched party 22/02/2017 Compiled by Mrs A. September Van Huffel
(3) Requirements of CI 1. Transference: That a thing (ownership) or money must have past (transferred) from the impoverished to the enriched THUS there should be a DATIO of money or goods. 2. Un-owed debt: Transfer must have taken place INDEBITE , that is a payment without the money being owed. There should have been no debt at the time of payment or payment was sine cause /unjustified . 3. Mistake: Transfer must have taken place in the mistaken belief that it was due. (EXCUSABLE MISTAKE) OR under the impression that the performance was owing. 22/02/2017 Compiled by Mrs A. September Van Huffel
DATIO - TRANSFERENCE • Utilise the act of transfer / act of payment • What can be transferred: • Ownership in immovable property • Ownership in money • Ownership in movable property (specific things) • Res fungibiles (consumable goods) • Res incorporales
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- Fall '18
- Law, mistake, Mistake of law, Mrs A. September Van Huffel