Unjustified Enrichment (hard cover)


Available
    Edition: 1st Edition
  • Format: Hard Cover
  • ISBN: 9780702179259
  • Language(s): English
  • Extent: 837 Pages
  • Published:
  • Category: Unjustified Enrichment

R1,650.00



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.

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

  • Academics, both in South Africa and abroad
  • Judges
  • Legal practitioners
  • Students
  • Libraries

 

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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.

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

  • Academics, both in South Africa and abroad
  • Judges
  • Legal practitioners
  • Students
  • Libraries

 

This product does not have any reviews yet - be the first to write one.


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