The South African Law of Unjustified Enrichment

Product Details:
Author(s):
Du Plessis, J
Year Published:
2025
Edition
2nd
Type:
Print | Soft Cover
Language:
English
About this publication
The South African Law of Unjustified Enrichment sets out the principles governing the general requirements of enrichment liability as well as the traditional specific enrichment actions. These actions cover a broad range of situations where someone enriched another by conferring a benefit for a purpose that failed, or by improving another’s property or paying another’s debts without authorisation, or where someone was enriched by infringing another’s rights. Since the first edition of this work there has been greater judicial recognition of the general principles of enrichment liability and a decreasing interest in the identification of specific enrichment actions. These developments have increased the risk of the general requirements for enrichment liability being treated as free-floating concepts that may be resorted to whenever it is felt that duties of restitution must be imposed. The second edition seeks to address this challenge, and also engages with developments in the law relating to the unwinding of contracts, undoing the consequences of fraud and theft, and locating enrichment liability in its broader constitutional and statutory context. Over 400 new judgments, as well as major developments in foreign law are considered.
Content
Chapter 1 Basic Features of the South African Law of Unjustified Enrichment 
Chapter 2 The General Requirements for Liability Based on Unjustified Enrichment 
Chapter 3 Enrichment Arising from a Failed Act of Giving to Another: The Condictiones 
Chapter 4 Enrichment Arising from a Transfer that Failed to Fulfil an Obligation: The Condictio Indebiti 
Chapter 5 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 
Chapter 6 Enrichment Arising from a Transfer Made for an Illegal or Immoral Purpose: The Condictio ob Turpem vel Iniustam Causam 
Chapter 7 Remaining Cases of Enrichment Arising from a Transfer: The Condictio Sine Causa 
Chapter 8 Enrichment Imposed on Another: General Features of the Category of Claim 
Chapter 9 Enrichment Imposed on Another: Unauthorised Improvement of Another’s Property 
Chapter 10 Enrichment Imposed on Another: Unauthorised Fulfilment of Another’s Obligation 
Chapter 11 Enrichment by Infringing Another’s Rights: General Features of the Category of Claim 
Chapter 12 Enrichment by Infringing Another’s Rights: Specific Cases 
Chapter 13 The Measure or Quantum of Enrichment Liability 
Chapter 14 The Termination of Enrichment Liability 
Interest / Benefit to
Judges
Magistrates
Legal practitioners
In-house counsel
Academics
Students