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Unjust Enrichment in South African Law: Rethinking Enrichment by Transfer
Convention teaches that the absence of liability - in particular contractual invalidity - is itself a reason for the restitution of transfers in the South African law of unjustified enrichment. Scott argues that while the absence of a relationship of indebtedness is a necessary condition for restitution, it is not a sufficient condition.
Author(s) | By Helen Scott. |
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Publisher | Bloomsbury Publishing PLC |
Format | Hardback |
Pages | 250 |
Published in | United Kingdom |
Published | 10 Jul 2013 |
Availability | Available |
Convention teaches that the absence of liability - in particular contractual invalidity - is itself a reason for the restitution of transfers in the South African law of unjustified enrichment. Scott argues that while the absence of a relationship of indebtedness is a necessary condition for restitution, it is not a sufficient condition.
1 Introduction I Enrichment Liability in the Civilian Tradition II Enrichment Liability in South African Law III A Law of Unjustified Enrichment? IV Unjust Enrichment: the Reanalysis of Enrichment by Transfer V Beyond the Condictiones VI Plan
Helen Scott is an Associate Professor in the Department of Private Law at the University of Cape Town.