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Vol 21 No 10 Oct/Nov 2016

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Unjustified Enrichment

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ISBN13: 9780702179259
Published: May 2008
Publisher: Juta Law
Country of Publication: South Africa
Format: Hardback
Price: Price on Application
Paperback edition , ISBN13 9780702176913



This is the first comprehensive book on the South African law of unjustified enrichment, covering the entire field of this area of the law. It aims not only at giving an accurate description of the current law, but also to investigate new solutions to old problems, making use of comparative insights.

Unjustified Enrichment is structured in an accessible way to make it possible for anyone easily to locate the law relevant to the specific problem that is being investigated – and to allow those who are not familiar with the subject to find their way into it.

Key Benefits:-

  • An accessibly written and structured exposition of the entire field of the law of unjustified enrichment
  • Includes a full analysis of all the major developments of the last twenty years since the classic statement of this area of law by Wouter de Vos in his Verrykingsaanspreeklikheid in die Suid-Afrikaanse Reg (1987)
  • Relevant to practice: Provides in-depth coverage of claims by and against banks; unjustified enrichment flowing from failed contracts; the rules surrounding the reclaim of improperly exacted tax; an analysis of each of the general elements of enrichment liability; the various defences available to fend off an enrichment claim
  • Extensive use of the comparative method

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Subjects:
South Africa, Other Jurisdictions
Contents:
PART I: INTRODUCTION, HISTORY AND GENERAL PRINCIPLES
General introduction
The classification of the law of unjustified enrichment
The internal structure of enrichment liability
PART II: THE DIFFERENT FORMS OF ENRICHMENT LIABILITY
Enrichment by transfer: General principles
Reversing an undue transfer:
Transfer of money or property to fulfil a putative obligation ('mistaken payment')
Transfer of money or property under compulsion
Transfer of money or property in terms of an illegal agreement
Knowing transfer of money or property in terms of a void (but not illegal) contract to achieve a specific purpose
Reversing transfers in the context of failed contracts
Imposed enrichment (Enrichment due to unauthorised expenditure)
Enrichment by invasion of the rights of others (Enrichment by act of the party enriched)
PART III: DEFENCES
Defences: loss of enrichment
estoppel
passing-on
and prescription