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Vol 21 No 10 Oct/Nov 2016

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The South African Law of Unjustified Enrichment

Edited by: Jacques du Plessis

ISBN13: 9780702194740
Published: May 2012
Publisher: Juta Law
Country of Publication: South Africa
Format: Paperback
Price: £60.00



Despatched in 10 to 12 days.

The South African Law of Unjustified Enrichment provides a comprehensive, systematic exposition of the principles of the law of unjustified enrichment.

It sets out the general requirements for enrichment liability, differentiates between the main types of situations in which such liability arises, and indicates how enrichment claims are quantified, as well as when they terminate.

Often situations perceived as giving rise to enrichment liability have to be dealt with in terms of another area of law. A further aim of this book is to indicate how enrichment law interacts with these areas, most notably the laws of contract and delict, as well as property law, revenue law, and various statutory instruments.

Although the point of departure is to set out the existing law, the book contains suggestions on how unjustified enrichment may develop in the future, taking into account modern local and foreign scholarship.

Subjects:
South Africa, Restitution, Other Jurisdictions
Contents:
Preface
Abbreviations
Principal works cited
Table of statutes
Table of cases
Basic features of the South African law of unjustified enrichment
The general requirements for liability based on unjustified enrichment
Enrichment arising from a transfer made to another or ‘giving’ (The Condictiones)
Enrichment arising from a transfer that failed to fulfil an obligation (The Condictio Indebiti)
Enrichment arising from a transfer that failed to achieve a future lawful purpose other than fulfilling an obligation (The Condictio Causa Data Causa Non Secuta)
Enrichment arising from a transfer made for an illegal or immoral purpose (The Condictio Ob Turpem Vel Iniustam Causam)
Remaining cases of enrichment arising from a transfer (The Condictio Sine Causa)
Enrichment imposed on another: general features of the category of claim
Enrichment imposed on another: unauthorised improvement of another’s property
Enrichment imposed on another: unauthorised fulfilment of another’s obligation
Enrichment by taking from another or infringement of another’s rights: general features of the category of claim
Enrichment by taking from another or infringement of another’s rights: specific cases
The measure or quantum of enrichment liability
The termination of enrichment liability
Index