Unjustified Enrichment

Product Details:
Author(s):
Visser, D
Year Published:
2008
Edition
1st Edition
Type:
Print | Soft Cover
Language:
English
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.
Key Features
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 claims
Extensive use of the comparative method
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
Interest / Benefit to
Academics, both in South Africa and abroad
Judges
Legal practitioners
Students
Libraries