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Author : J. C. Sonnekus
Publisher :
ISBN 13 :
Total Pages : 444 pages
Book Rating : 4.F/5 ( download)
Download or read book Unjustified Enrichment in South African Law written by J. C. Sonnekus and published by . This book was released on 2008 with total page 444 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Daniel Visser
Publisher : Juta and Company Ltd
ISBN 13 : 9780702179259
Total Pages : 844 pages
Book Rating : 4.1/5 (792 download)
Download or read book Unjustified Enrichment written by Daniel Visser and published by Juta and Company Ltd. This book was released on 2008 with total page 844 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the first title on the South African law of unjustified enrichment, covering the entire field of this area of the law. It aims not only at giving an accurate description of the current law, but also to investigate new solutions to old problems, making use of comparative insights. The book is structured in an accessible way to make it possible for anyone easily to locate the law relevant to the specific problem that is being investigated -- and to allow those who are not familiar with the subject to find their way into it.
Author : Helen Scott
Publisher : A&C Black
ISBN 13 : 1782251391
Total Pages : 384 pages
Book Rating : 4.7/5 (822 download)
Download or read book Unjust Enrichment in South African Law written by Helen Scott and published by A&C Black. This book was released on 2014-07-18 with total page 384 pages. Available in PDF, EPUB and Kindle. Book excerpt: Conventional thinking teaches that the absence of liability - in particular contractual invalidity - is itself the reason for the restitution of transfers in the South African law of unjustified enrichment. However, this book argues that while the absence of a relationship of indebtedness is a necessary condition for restitution in such cases, it is not a sufficient condition. The book takes as its focus those instances in which the invalidity thesis is strongest, namely, those traditionally classified as instances of the condictio indebiti, the claim to recover undue transfers. It seeks to demonstrate that in all such instances it is necessary for the plaintiff to show not only the absence of his liability to transfer but also a specific reason for restitution, such as mistake, compulsion or incapacity. Furthermore, this book explores the reasons for the rise of unjust factors in South African law, attributing this development in part to the influence of the Roman-Dutch restitutio in integrum, an extraordinary, equitable remedy that has historically operated independently of the established enrichment remedies of the civilian tradition, and which even now remains imperfectly integrated into the substantive law of enrichment. Finally, the book seeks to defend in principled terms the mixed approach to enrichment by transfer (an approach based both on unjust factors and on the absence of a legal ground) which appears to characterise modern South African law. It advocates the rationalisation of the causes of action comprised within the condictio indebiti, many of which are subject to additional historically-determined requirements, in light of this mixed analysis.
Author : J. E. Du Plessis
Publisher : Juta and Company Ltd
ISBN 13 : 9780702194740
Total Pages : 484 pages
Book Rating : 4.1/5 (947 download)
Download or read book The South African Law of Unjustified Enrichment written by J. E. Du Plessis and published by Juta and Company Ltd. This book was released on 2012 with total page 484 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Sieg Eiselen
Publisher : Butterworth-Heinemann
ISBN 13 :
Total Pages : 684 pages
Book Rating : 4.X/5 (2 download)
Download or read book Unjustified Enrichment written by Sieg Eiselen and published by Butterworth-Heinemann. This book was released on 1993 with total page 684 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Catherine Joy Maxwell
Publisher :
ISBN 13 :
Total Pages : 820 pages
Book Rating : 4.:/5 (13 download)
Download or read book Aspects of Multi-party Unjustified Enrichment in South African Law written by Catherine Joy Maxwell and published by . This book was released on 2006 with total page 820 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Gamini Lakshman Peiris
Publisher :
ISBN 13 :
Total Pages : 480 pages
Book Rating : 4.F/5 ( download)
Download or read book Some Aspects of the Law of Unjust Enrichment in South Africa and Ceylon written by Gamini Lakshman Peiris and published by . This book was released on 1972 with total page 480 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The law is stated as at 1st August 1971."--T.p.
Author : Helen Scott
Publisher :
ISBN 13 :
Total Pages : 652 pages
Book Rating : 4.:/5 (766 download)
Download or read book Unjust Enrichment by Transfer in South African Law written by Helen Scott and published by . This book was released on 2005 with total page 652 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Duncan Sheehan
Publisher : Bloomsbury Publishing
ISBN 13 : 1509942467
Total Pages : 241 pages
Book Rating : 4.5/5 (99 download)
Download or read book The Scope and Structure of Unjust Enrichment written by Duncan Sheehan and published by Bloomsbury Publishing. This book was released on 2024-02-22 with total page 241 pages. Available in PDF, EPUB and Kindle. Book excerpt: This ambitious book grapples with the complex debates ongoing on the structure of unjust enrichment, proving to be a major contribution to the field. Responding to the subject's critics, it presents a clearly articulated structure for this branch of private law, arguing that while unjust enrichment has the function of reversing defective enrichments (whether by performance or in another way) there is scope for normative pluralism in how the law achieves this. Drawing heavily on comparative material from Germany, Scotland and South Africa the book then argues for a legal framework which combines elements of the absence of basis and unjust factors approaches. It assesses how that structure can be mapped against the causes of action that make up unjust enrichment, arguing that some are performance claims - reversing a deliberate, intentional performance - and some are non-performance claims. Other claims, often included in books on unjust enrichment, such as necessity should be excluded from the subject area. The book concludes with a treatment of defences.
Author : Eric Descheemaeker
Publisher :
ISBN 13 :
Total Pages : 0 pages
Book Rating : 4.:/5 (137 download)
Download or read book New Directions in Unjustified Enrichment written by Eric Descheemaeker and published by . This book was released on 2015 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This short paper provides an introduction to a special section of the Edinburgh Law Review, vol. 18(3) [2014], dedicated to a symposium entitled “New Directions in Unjustified Enrichment: Learning from South Africa?” which took place in Old College, University of Edinburgh on 21 January 2014.
Author : Ernest J. Weinrib
Publisher : Oxford University Press
ISBN 13 : 0199660646
Total Pages : 365 pages
Book Rating : 4.1/5 (996 download)
Download or read book Corrective Justice written by Ernest J. Weinrib and published by Oxford University Press. This book was released on 2012-09-20 with total page 365 pages. Available in PDF, EPUB and Kindle. Book excerpt: Private law governs our most pervasive relationships: the wrongs we do one another, the contracts we make and break, and the property we own. This book analyses the deepest questions about the law's foundations, showing how a distinctive notion of justice, 'corrective justice', describes the special morality intrinsic to private law.
Author : Elise Bant
Publisher : Edward Elgar Publishing
ISBN 13 : 1788114264
Total Pages : 544 pages
Book Rating : 4.7/5 (881 download)
Download or read book Research Handbook on Unjust Enrichment and Restitution written by Elise Bant and published by Edward Elgar Publishing. This book was released on 2020-07-31 with total page 544 pages. Available in PDF, EPUB and Kindle. Book excerpt: This comprehensive yet accessible Research Handbook offers an expert guide to the key concepts, principles and debates in the modern law of unjust enrichment and restitution.
Author : Robert Goff Baron Goff of Chieveley
Publisher :
ISBN 13 : 9780414055230
Total Pages : 1047 pages
Book Rating : 4.0/5 (552 download)
Download or read book The Law of Unjust Enrichment written by Robert Goff Baron Goff of Chieveley and published by . This book was released on 2016 with total page 1047 pages. Available in PDF, EPUB and Kindle. Book excerpt: Présentation de l'éditeur : "Goff & Jones is the leading work on the law of unjust enrichment. The first edition appeared fifty years ago, in 1966, and successive editions have played a major role in establishing the central importance of the subject for private and commercial law. The text is comprehensive in coverage and written by highly respected scholars who analyse and explain the principles governing claims in unjust enrichment, demonstrating how these principles have been applied through detailed discussion of case-law. The book is frequently cited in court and continues to set the agenda for future developments in the field. The new 9th Edition is completely up-to-date and contains detailed discussion of important decisions since the last edition. Many chapters have been rewritten to take account of significant new cases, and their impact on topics including the valuation of enrichments, the recovery of benefits from remote recipients, the recovery of benefits transferred by mistake, the recovery of money paid as tax that is not due, and the content of the tracing rules and their significance for the award of proprietary remedies."
Author : Peter Birks
Publisher : OUP Oxford
ISBN 13 : 0191018856
Total Pages : 360 pages
Book Rating : 4.1/5 (91 download)
Download or read book Unjust Enrichment written by Peter Birks and published by OUP Oxford. This book was released on 2005-01-13 with total page 360 pages. Available in PDF, EPUB and Kindle. Book excerpt: This new edition of Unjust Enrichment by the editor of the Clarendon Law Series, is a fully updated, clear and concise account of the law of unjust enrichment. It attempts to move away from the use of obscure terminology inherited from the past. This text is the first book to insist on the switch from restitution to unjust enrichment, from response to event. It organises modern law around five simple questions: Was the defendant enriched? If so, was it at the claimant's expense? If so, was it unjust? The fourth question is then what kind of right the claimant has, and the fifth is whether the defendant has any defences. This second edition was revised and updated by Peter Birks before his death from cancer on 6 July 2004 at the age of 62. It represents the final thinking of the world's leading authority on the subject.
Author : Ḥanokh Dagan
Publisher : Cambridge University Press
ISBN 13 : 9780521829045
Total Pages : 402 pages
Book Rating : 4.8/5 (29 download)
Download or read book The Law and Ethics of Restitution written by Ḥanokh Dagan and published by Cambridge University Press. This book was released on 2004-08-12 with total page 402 pages. Available in PDF, EPUB and Kindle. Book excerpt: This 2004 book provides acomprehensive account of the American law of restitution.
Author : Andrew S. Gold
Publisher : Oxford University Press, USA
ISBN 13 : 0190919663
Total Pages : 640 pages
Book Rating : 4.1/5 (99 download)
Download or read book The Oxford Handbook of the New Private Law written by Andrew S. Gold and published by Oxford University Press, USA. This book was released on 2020-11-06 with total page 640 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This book discusses developments in scholarship dedicated to reinvigorating the study of the broad domain of private law. This field, which embraces the traditional common law subjects-property, contracts, and torts-as well as adjacent, more statutory areas, such as intellectual property and commercial law, also includes important subjects that have been neglected in the United States but are beginning to make a comeback. The book particularly focuses on the New Private Law, an approach that aims to bring a new outlook to the study of private law by moving beyond reductively instrumentalist policy evaluation and narrow, rule-by-rule, doctrine-by-doctrine analysis, so as to consider and capture how private law's various features fit and work together, as well as the normative underpinnings of these larger structures. This movement is resuscitating the notion of private law itself in United States and has brought an interdisciplinary perspective to the more traditional, doctrinal approach prevalent in Commonwealth countries. The book embraces a broad range of perspectives to private law-including philosophical, economic, historical, and psychological- yet it offers a unifying theme of seriousness about the structure and content of private law."--
Author : Mathias Reimann
Publisher : Oxford University Press
ISBN 13 : 0192565516
Total Pages : 1536 pages
Book Rating : 4.1/5 (925 download)
Download or read book The Oxford Handbook of Comparative Law written by Mathias Reimann and published by Oxford University Press. This book was released on 2019-03-26 with total page 1536 pages. Available in PDF, EPUB and Kindle. Book excerpt: This fully revised and updated second edition of The Oxford Handbook of Comparative Law provides a wide-ranging and diverse critical survey of comparative law at the beginning of the twenty-first century. It summarizes and evaluates a discipline that is time-honoured but not easily understood in all its dimensions. In the current era of globalization, this discipline is more relevant than ever, both on the academic and on the practical level. The Handbook is divided into three main sections. Section I surveys how comparative law has developed and where it stands today in various parts of the world. This includes not only traditional model jurisdictions, such as France, Germany, and the United States, but also other regions like Eastern Europe, East Asia, and Latin America. Section II then discusses the major approaches to comparative law - its methods, goals, and its relationship with other fields, such as legal history, economics, and linguistics. Finally, section III deals with the status of comparative studies in over a dozen subject matter areas, including the major categories of private, economic, public, and criminal law. The Handbook contains forty-eight chapters written by experts from around the world. The aim of each chapter is to provide an accessible, original, and critical account of the current state of comparative law in its respective area which will help to shape the agenda in the years to come. Each chapter also includes a short bibliography referencing the definitive works in the field.
