The Unjust Enrichment Letter Of Demand is a critical legal instrument in South African law, used when one party has been enriched at the expense of another without legal justification. This document is typically employed before initiating formal legal proceedings and serves as both a formal demand for restitution and evidence of attempted resolution. It must be drafted in accordance with South African common law principles and relevant legislation, including the Prescription Act 68 of 1969. The letter should clearly establish the four elements of unjust enrichment under South African law: the defendant's enrichment, the plaintiff's impoverishment, the causal connection between these, and the absence of a legal ground for the enrichment. It's particularly important in commercial disputes, recovery of mistaken payments, and situations where benefits have been conferred without valid legal basis.
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1. Sender Details: Full name, address, and contact details of the sender/claimant
2. Recipient Details: Full name, address, and contact details of the recipient/defendant
3. Date: Date of the letter
4. Subject Line: Clear indication that this is a Letter of Demand for Unjust Enrichment
5. Opening Statement: Formal opening establishing the purpose of the letter and identifying the parties
6. Factual Background: Detailed chronological account of the events leading to the unjust enrichment
7. Legal Basis: Explanation of how the facts constitute unjust enrichment under South African law
8. Quantum of Claim: Precise calculation of the amount claimed, including any interest
9. Demand: Clear statement of what is being demanded and by when
10. Consequence of Non-Compliance: Statement of legal action that will follow if demand is not met
11. Closing: Formal closing and signature block
1. Supporting Evidence Reference: List of documents attached as evidence, used when there are multiple supporting documents
2. Interest Calculation: Detailed breakdown of interest calculations, included when claiming interest
3. Without Prejudice Save as to Costs: Optional legal phrase to protect position in subsequent litigation, used when indicating willingness to negotiate
4. Settlement Terms: Proposed payment terms or settlement options, included when offering payment arrangements
5. Previous Correspondence: Reference to prior attempts to resolve the matter, included when there has been previous communication
1. Annexure A - Proof of Enrichment: Documentation proving the transfer of money or value
2. Annexure B - Calculation Schedule: Detailed breakdown of the amount claimed including any interest calculations
3. Annexure C - Timeline of Events: Chronological listing of relevant events and communications
4. Annexure D - Supporting Documents: Copies of relevant contracts, communications, or other supporting evidence
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