Nortje Case 1966 (A) RATIO: No unjustified enrichment cause of action in that it did not fall within the circumstances of any of the recognised classical actions for enrichment liability. Roman-Dutch law refers only to compensation for tangible (physical) improvements to property. Therefore could not recognize GEA. The court did state BUT 'in principle there is no reason for limiting the rule to such cases' . Distinction: A GEA is not concerned with tangible/or non-tangible distinctions in the type of property improvement, with a GEA the means of enrichment can vary. The GEA considers the extent of the enrichment in existence and the extent of the impoverishment .
Blesbok 1991 (T) FACTS: The plaintiff (estate agent) claimed an amount of R1 316 from the defendant, alleging that it had carried out a mandate received from the defendant to obtain a valuation of a certain farm and business. Argued it was a term of the agreement that the defendant would pay the plaintiff's costs in connection with the execution of the mandate (law of contract). In the alternative it was alleged
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- Fall '18
- Common Law