UNIVERSITY EXAMINATIONS

May/June 2022

PVL3704

Enrichment Liability and Estoppel

Unique number:

02 JUNE 2022
08H00-12h00 (4 Hours)
100 Marks

First examiner: Mr KA Seanego

Second examiner: Prof JC Knobel

This paper consists of five (5) pages.

This is a closed-book examination

INSTRUCTIONS FOR A TAKE-HOME EXAM

PLEASE READ THE FOLLOWING INSTRUCTIONS CAREFULLY BEFORE ANSWERING THE

EXAMINATION QUESTIONS.

1. The examination question paper counts 100 marks.

2. It consists of eight (8) questions. Answer ALL of the questions.

3. The duration of the examination is from 08h00 - 12h00 (4 hours).

4. This is a closed-book examination. While the examination is in progress, you are not
allowed to consult another person, or any source in order to assist you to answer any of the
questions contained in this question paper. While the examination is in progress, you cannot
assist another student in answering any of the questions for this examination.

6. Your answers must be submitted online in Pdf format. No other type of submission of your
examination answers will be accepted. Emailed submissions will not be accepted for
marking.
7. Please note that the Invigilator App will apply during the examination.

8. This examination is proctored via the Invigilator App.

The QR code is below:

9. Your exam file must be uploaded on the myExams platform on Moodle.

9.1 You are advised to preview your submission (answer script) to ensure legibility and that the
correct answer script file has been uploaded.

9.2 Once the official examination time per the examination timetable has expired, you are
provided one hour to submit your answer script. Submissions made after the submission
period has lapsed will be rejected per the examination regulations and will not be marked.

10. The cover page for your take-home exam must include your name, student number and the
module code.

11. It is preferred that your take-home exam is typed. However, handwritten submissions will
also be accepted.

12. Whether your answers are typed or handwritten, your submission on the myExams platform
on Moodle must be made in the form of one PDF document. Only the last file uploaded and
submitted will be marked.

12.1 The exam answer file that you submit must not be password protected or uploaded as a
 “read only” file.

12.2 Your examination answer file will not be marked if:

12.2.1 you send your examination answer file via email.

12.2.2 you submit the incorrect examination answer file. A mark of 0% will be awarded.
12.2.3 you submit your exam answer file on an unofficial examination platform (including the
invigilator cellphone application).
12.2.4 you submit your examination answer file in the incorrect file format.

12.2.5 you submit a password-protected document.

12.2.6 you submit your examination answer file late.
12.2.7 you submit your answer file from a registered student account that is not your own.

12.3 Incorrect answer scripts and/or submissions made on unofficial examinations platforms
(including the invigilator cellphone application) will not be marked and no opportunity will be
granted for resubmission.

12.4 The mark awarded for an illegible examination answer file submission will be your final mark.
You will not be allowed to resubmit after the scheduled closing date and time of the exam.

13. If your answers are typed, ensure that the following requirements are adhered to:

13.1 The text must be typed in Arial font, size 12 with single line spacing within the paragraph,
and double line spacing after the paragraph.

13.2 The text must be justified.

13.3 All of the pages must be numbered in the right hand corner at the bottom of the page.

13.4 All margins must be 2.5cm, but the left margin must be 3cm.

13.5 South African English and not American English should be used. For example, the correct
spelling is “Labour” and not “Labor”.

13.6 Do not use abbreviations or SMS language.

14. Where applicable, the arguments that you make must be logical, well-structured and
substantiated by the relevant legal principles. Use the time given wisely.

15. Substantiate your answers by referring to relevant authorities such as case law, where
applicable. When answering problem-type questions, it is important to first identify the
problem area where the answer must be sought. Once you have done this, set out the
relevant legal principles. Deal only with those legal principles that relate to the given facts.
Next, apply these legal principles to the facts. Then give the appropriate advice.

16. You must complete the online declaration of own work when submitting.
16.1 By ticking the Honesty Declaration, you confirm that you have read (i) the University’s Policy
on Copyright Infringement and Plagiarism and the Student Disciplinary Code, which are both
available on myUnisa: www.unisa.ac.za/unisarules, and (ii) the information relating to
student values and plagiarism that is found at
https://www.unisa.ac.za/sites/myunisa/default/Study-@-Unisa/Student-values-and-rules.

16.2 Students suspected of dishonest conduct during the examinations will be subjected to
disciplinary processes. Students may not communicate with other students, or request
assistance from other students during examinations. Plagiarism is a violation of academic
integrity, and students who do plagiarise or copy verbatim from published work will be in
violation of the Policy on Academic Integrity and the Student Disciplinary Code and may be
referred to disciplinary hearing. Unisa has a zero tolerance for plagiarism and/or any other
 forms of academic dishonesty.

16.3 Unless a student is exempted because of disability or incarceration, students who have not
utilised invigilation or proctoring tools will be deemed to have transgressed Unisa’s
examination rules and will have their marks withheld.

PLEASE NOTE:

If you experience technical problems of any kind on the day(s) of the examination (including network
or loadshedding challenges) and your examination answers are not submitted by the cut-off
time, please apply online for an aegrotat exam within 3 days of the examination session.
Include supporting documentation with your application. Supplementary or aegrotat students
will not be able to apply for aegrotat exams and will have to re-register for the module.

Students experiencing technical challenges may contact the SCSC on 080 000 1870 or email
Examenquiries@unisa.ac.za or refer to Get-Help for the list of additional contact numbers.

Should you encounter any technical difficulty with the Invigilator App, please WhatsApp The
Invigilator Helpdesk on 073 505 8273.

QUESTION 1

Discuss the requirement that the defendant must have been enriched. (10)

QUESTION 2

In McCarthy Retail Ltd v Shortdistance Carriers CC 2001 (3) SA 482 (SCA) para [9] the court said: “We
now know from the hard print that there is a common-law basis for the acceptance of a general
enrichment action, at least one of a subsidiary nature. In this respect the decision of the majority in
Nortje’s case has been shown by the then largely dormant authority to be clearly wrong”. Critically
discuss this statement with reference to relevant case law. (10)

QUESTION 3

Discuss the requirement that reliance on estoppel must be permissible in law. Refer to relevant case
law in your discussion. (10)

QUESTION 4

Write a critical discussion on negative misrepresentation (misrepresentation by omission) within the

context of estoppel. Refer to relevant case law. (10)

QUESTION 5
A takes his car to B, who sells second-hand cars, to have his car valued. The car is parked on B’s
showroom floor where it is left for three days. In this period one of the sales staff, X, who believed the
vehicle to be part of the stock, sold the vehicle to C for cash. A now claims the vehicle from C with a rei
vindicatio. Advise C with reference to relevant case law. (10)

QUESTION 6

K rents a farm from L. K effected the following improvements on the farm without L’s knowledge: (a)
built a dam at a cost of R30 000,00; (b) built a luxury lapa on the edge of the dam at a cost of R100
000,00; and (c) sank a borehole at a cost of R20 000,00. K also repaired the roof of the farmhouse
which had started to leak at a cost of R10 000,00. Discuss fully the legal position with regard to these
improvements when the lease expires. Also briefly discuss whether the position would have been
different if the lease agreement between K and L had been invalid. (20)

QUESTION 7

The town council of Bapsfontein invited tenders for the construction of a new house for the town mayor.
After the tender period closed, the executive committee of the council decided to award the tender to
X. However, the council secretary mistakenly sent a letter of acceptance to Y who also tendered. It was
the duty of the secretary to send out such letters on behalf of the council. Y immediately set about
preparing to build the house and bought materials. Soon thereafter the council realised the mistake and
informed Y that the letter of acceptance had been sent to it by mistake and that the tender had in fact
been awarded to X. Y issued summons against the council for breach of contract and claimed damages.
The council raised two defences: (a) it had no intention of accepting the award of Y and (b) the council
secretary had no authority to accept the tender of Y (only the executive board had such authority).
Discuss fully how Y could counter these defences and whether he would be successful in the
circumstances. (20)

QUESTION 8

Fully discuss the requirement of prejudice in relation to estoppel. Refer to examples in your answer.
(10)

TOTAL PAPER: [100]

© UNISA 2022