Unjustified Enrichment (HC), 1st Edition
Product Details:
Author(s): | Visser, D |
Page count: | 837 |
ISBN: | 9780702179259 |
Languages(s): | English, |
Year Published: | 2008 |
Categories: | Contract, Law of, Law, Law, Law, |
Type: |
About this publication
Drawing on a rich and diverse legal heritage, Unjustified Enrichment provides a comprehensive and clearly structured exposition and an in-depth evaluation of the South African law of unjustified enrichment. The book analyses each of the general elements of enrichment liability, and suggests a manageable way of dealing with the intractable problems that arise in the context of indirect or multi-party enrichment.
Content
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
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