quatenus locupletior factus est

Literal translation

to the extent that he or she has been made richer

Legal meaning

This phrase expresses the limit of liability in enrichment law: a defendant is liable only to the extent of the enrichment actually retained. In South African law it is used to qualify enrichment claims so that recovery does not exceed the defendant’s surviving benefit. The phrase commonly appears in discussions of the condictiones and the general principles of unjustified enrichment.

Examples

• The enrichment action lies only quatenus locupletior factus est, so the plaintiff cannot recover more than the defendant’s remaining benefit.
• In unjustified enrichment, liability is limited quatenus locupletior factus est where the enrichment has diminished or been lost.

Areas of law