Product Description
Unjustified Enrichment (hardcover)
Author: D Visser
Format: Physical Hardcopy
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.
Contents:
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PART I: INTRODUCTION, HISTORY AND GENERAL PRINCIPLES
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General introduction
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The classification of the law of unjustified enrichment
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The internal structure of enrichment liability
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PART II: THE DIFFERENT FORMS OF ENRICHMENT LIABILITY
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Enrichment by transfer: General principles
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Reversing an undue transfer:
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Transfer of money or property to fulfil a putative obligation ('mistaken payment')
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Transfer of money or property under compulsion
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Transfer of money or property in terms of an illegal agreement
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Knowing transfer of money or property in terms of a void (but not illegal) contract to achieve a specific purpose
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Reversing transfers in the context of failed contracts
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Imposed enrichment (Enrichment due to unauthorised expenditure)
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Enrichment by invasion of the rights of others (Enrichment by act of the party enriched)
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PART III: DEFENCES
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Defences: loss of enrichment; estoppel; passing-on; and prescription
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