Unjust Enrichment By Transfer In South African Law

Download Unjust Enrichment By Transfer In South African Law full books in PDF, epub, and Kindle. Read online Unjust Enrichment By Transfer In South African Law ebook anywhere anytime directly on your device. Fast Download speed and no annoying ads. We cannot guarantee that every ebooks is available!

Unjust Enrichment in South African Law

Author : Helen Scott
Publisher :
ISBN 13 : 9781472561374
Total Pages : 229 pages
Book Rating : 4.5/5 (613 download)

DOWNLOAD NOW!

Book Synopsis Unjust Enrichment in South African Law by : Helen Scott

Download or read book Unjust Enrichment in South African Law written by Helen Scott and published by . This book was released on 2013 with total page 229 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."--Publisher.

Unjustified Enrichment

Author : Daniel Visser
Publisher : Juta and Company Ltd
ISBN 13 : 9780702179259
Total Pages : 844 pages
Book Rating : 4.1/5 (792 download)

DOWNLOAD NOW!

Book Synopsis Unjustified Enrichment by : Daniel Visser

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.

Unjust Enrichment by Transfer in South African Law

Author : Helen Scott
Publisher :
ISBN 13 :
Total Pages : 652 pages
Book Rating : 4.:/5 (766 download)

DOWNLOAD NOW!

Book Synopsis Unjust Enrichment by Transfer in South African Law by : Helen Scott

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:

Unjustified Enrichment in South African Law

Author : J. C. Sonnekus
Publisher :
ISBN 13 :
Total Pages : 444 pages
Book Rating : 4.F/5 ( download)

DOWNLOAD NOW!

Book Synopsis Unjustified Enrichment in South African Law by : J. C. Sonnekus

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:

The South African Law of Unjustified Enrichment

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 NOW!

Book Synopsis The South African Law of Unjustified Enrichment by : J. E. Du Plessis

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:

Unjust Enrichment in South African Law

Author : Helen Scott
Publisher : A&C Black
ISBN 13 : 1782251391
Total Pages : 384 pages
Book Rating : 4.7/5 (822 download)

DOWNLOAD NOW!

Book Synopsis Unjust Enrichment in South African Law by : Helen Scott

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.

Some Aspects of the Law of Unjust Enrichment in South Africa and Ceylon

Author : Gamini Lakshman Peiris
Publisher :
ISBN 13 :
Total Pages : 480 pages
Book Rating : 4.F/5 ( download)

DOWNLOAD NOW!

Book Synopsis Some Aspects of the Law of Unjust Enrichment in South Africa and Ceylon by : Gamini Lakshman Peiris

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.

Unjustified Enrichment

Author : Sieg Eiselen
Publisher : Butterworth-Heinemann
ISBN 13 :
Total Pages : 684 pages
Book Rating : 4.X/5 (2 download)

DOWNLOAD NOW!

Book Synopsis Unjustified Enrichment by : Sieg Eiselen

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:

The Scope and Structure of Unjust Enrichment

Author : Duncan Sheehan
Publisher : Bloomsbury Publishing
ISBN 13 : 1509942459
Total Pages : 265 pages
Book Rating : 4.5/5 (99 download)

DOWNLOAD NOW!

Book Synopsis The Scope and Structure of Unjust Enrichment by : Duncan Sheehan

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 265 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.

Contract Law in South Africa

Author : Louis F. Van Huyssteen
Publisher : Kluwer Law International B.V.
ISBN 13 : 9403513810
Total Pages : 402 pages
Book Rating : 4.4/5 (35 download)

DOWNLOAD NOW!

Book Synopsis Contract Law in South Africa by : Louis F. Van Huyssteen

Download or read book Contract Law in South Africa written by Louis F. Van Huyssteen and published by Kluwer Law International B.V.. This book was released on 2019-08-05 with total page 402 pages. Available in PDF, EPUB and Kindle. Book excerpt: Derived from the renowned multi-volume International Encyclopaedia of Laws, this practical analysis of the law of contracts in South Africa and Wales covers every aspect of the subject – definition and classification of contracts, contractual liability, relation to the law of property, good faith, burden of proof, defects, penalty clauses, arbitration clauses, remedies in case of non-performance, damages, power of attorney, and much more. Lawyers who handle transnational contracts will appreciate the explanation of fundamental differences in terminology, application, and procedure from one legal system to another, as well as the international aspects of contract law. Throughout the book, the treatment emphasizes drafting considerations. An introduction in which contracts are defined and contrasted to torts, quasi-contracts, and property is followed by a discussion of the concepts of ‘consideration’ or ‘cause’ and other underlying principles of the formation of contract. Subsequent chapters cover the doctrines of ‘relative effect’, termination of contract, and remedies for non-performance. The second part of the book, recognizing the need to categorize an agreement as a specific contract in order to determine the rules which apply to it, describes the nature of agency, sale, lease, building contracts, and other types of contract. Facts are presented in such a way that readers who are unfamiliar with specific terms and concepts in varying contexts will fully grasp their meaning and significance. Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable time-saving tool for business and legal professionals alike. Lawyers representing parties with interests in South Africa will welcome this very useful guide, and academics and researchers will appreciate its value in the study of comparative contract law.

Borderlines in Private Law

Author :
Publisher : Oxford University Press
ISBN 13 : 0198888783
Total Pages : 321 pages
Book Rating : 4.1/5 (988 download)

DOWNLOAD NOW!

Book Synopsis Borderlines in Private Law by :

Download or read book Borderlines in Private Law written by and published by Oxford University Press. This book was released on 2024-10-17 with total page 321 pages. Available in PDF, EPUB and Kindle. Book excerpt: Mapmaking analogies are a longstanding hallmark of private law scholarship, but the boundaries between subject areas are not always neat and tidy. Can lines be drawn between property and obligations, or common law and equity? Should tort and unjust enrichment be subordinate to the law of contract? Should equity enforce agreements that contract does not? Are equitable wrongs meaningfully different from torts? Where do these borders sit, and what does one do with areas that intersect? In this collection of essays, several of the UK's leading academic lawyers discuss these borderlines and intersections. Covering five broad topics—contract, tort, unjust enrichment, property, and equity—the contributors take varied approaches. Some argue for distinct categories and the careful maintenance of borders, while others celebrate cross-border exchanges, or say that any attempt to draw and maintain borders is a futile endeavour. In addition to the contributions from academic lawyers, the book contains responses from senior members of the UK judiciary, including Lord Sales and Lady Carr, offering their perspectives on these debates, and advice on how to structure, order, and understand private law in the context of real-world disputes. With an esteemed group of contributors, Borderlines in Private Law is at the cutting edge of modern private law scholarship, providing invaluable discussion on the interactions between contract, tort, equity, unjust enrichment, and property law.

The Restatement Third: Restitution and Unjust Enrichment

Author : C Mitchell
Publisher : A&C Black
ISBN 13 : 1782251375
Total Pages : 500 pages
Book Rating : 4.7/5 (822 download)

DOWNLOAD NOW!

Book Synopsis The Restatement Third: Restitution and Unjust Enrichment by : C Mitchell

Download or read book The Restatement Third: Restitution and Unjust Enrichment written by C Mitchell and published by A&C Black. This book was released on 2014-07-18 with total page 500 pages. Available in PDF, EPUB and Kindle. Book excerpt: The publication of the Restatement Third: Unjust Enrichment and Restitution by the American Law Institute in July 2010 was an event of major importance, not only for the development of the law of unjust enrichment in the US, but also for global scholarship relating to this area of private law. The Restatement First appeared in 1937, and the Restatement Second was abandoned; hence the Restatement Third is the most significant survey of the American law on this topic for over 70 years. Private law has been a comparatively neglected area of study in US law schools for several decades, and this is particularly true of the law of unjust enrichment. However, the appearance of the Restatement Third has prompted a renewal of interest in the subject among US scholars, and it is hoped that the present volume of essays will contribute to this revival, while reflecting on the lessons to be learned from the Restatement by other legal systems. Featuring the work of leading scholars from the UK, Germany, South Africa, Canada, Hong Kong and Australia, the essays undertake critical and comparative analysis of the Restatement, and offer fresh insights into the rules that it articulates.

The Scope and Structure of Unjust Enrichment

Author : Duncan Sheehan
Publisher : Bloomsbury Publishing
ISBN 13 : 1509942467
Total Pages : 241 pages
Book Rating : 4.5/5 (99 download)

DOWNLOAD NOW!

Book Synopsis The Scope and Structure of Unjust Enrichment by : Duncan Sheehan

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.

Revolution and Evolution in Private Law

Author : Sarah Worthington
Publisher : Bloomsbury Publishing
ISBN 13 : 1509913254
Total Pages : 390 pages
Book Rating : 4.5/5 (99 download)

DOWNLOAD NOW!

Book Synopsis Revolution and Evolution in Private Law by : Sarah Worthington

Download or read book Revolution and Evolution in Private Law written by Sarah Worthington and published by Bloomsbury Publishing. This book was released on 2018-01-11 with total page 390 pages. Available in PDF, EPUB and Kindle. Book excerpt: The development of private law across the common law world is typically portrayed as a series of incremental steps, each one delivered as a result of judges dealing with marginally different factual circumstances presented to them for determination. This is said to be the common law method. According to this process, change might be assumed to be gradual, almost imperceptible. If this were true, however, then even Darwinian-style evolution – which is subject to major change-inducing pressures, such as the death of the dinosaurs – would seem unlikely in the law, and radical and revolutionary paradigms shifts perhaps impossible. And yet the history of the common law is to the contrary. The legal landscape is littered with quite remarkable revolutionary and evolutionary changes in the shape of the common law. The essays in this volume explore some of the highlights in this fascinating revolutionary and evolutionary development of private law. The contributors expose the nature of the changes undergone and their significance for the future direction of travel. They identify the circumstances and the contexts which might have provided an impetus for these significant changes. The essays range across all areas of private law, including contract, tort, unjust enrichment and property. No area has been immune from development. That fact itself is unsurprising, but an extended examination of the particular circumstances and contexts which delivered some of private law's most important developments has its own special significance for what it might indicate about the shape, and the shaping, of private law regimes in the future.

Unjustified Enrichment

Author : David Johnston
Publisher :
ISBN 13 : 0511029292
Total Pages : 793 pages
Book Rating : 4.5/5 (11 download)

DOWNLOAD NOW!

Book Synopsis Unjustified Enrichment by : David Johnston

Download or read book Unjustified Enrichment written by David Johnston and published by . This book was released on 2005-01-28 with total page 793 pages. Available in PDF, EPUB and Kindle. Book excerpt: Unjustified enrichment has been one of the most intellectually vital areas of private law. There is, however, still no unanimity among civil-law and common-law legal systems about how to structure this important branch of the law of obligations. Several key issues are considered comparatively in this 2002 book, including grounds for recovery of enrichment, defences, third-party enrichment, as well as proprietary and taxonomic questions. Two contributors deal with each topic, one a representative of a common-law system, the other a representative of a civil-law or mixed system. This approach illuminates not just similarities or differences between systems, but also what different systems can learn from one another. In an area of law whose territory is still partially uncharted and whose borders are contested, such comparative perspectives will be valuable for both academic analysis of the law and its development by the courts.

Defences in Unjust Enrichment

Author : Andrew Dyson
Publisher : Bloomsbury Publishing
ISBN 13 : 1782256369
Total Pages : 452 pages
Book Rating : 4.7/5 (822 download)

DOWNLOAD NOW!

Book Synopsis Defences in Unjust Enrichment by : Andrew Dyson

Download or read book Defences in Unjust Enrichment written by Andrew Dyson and published by Bloomsbury Publishing. This book was released on 2016-01-14 with total page 452 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is the second in a series of essay collections on defences in private law. It addresses defences to liability arising in unjust enrichment. The essays are written from a range of perspectives and methodologies. Some are doctrinal, others are theoretical, and several offer comparative insights. The most important defence in this area of the law, change of position, is addressed in detail, but many other defences are treated too, as well as the interrelations between these defences within the law of unjust enrichment. The essays offer novel claims and ways of looking at problems in this challenging area of legal study.

General Principles and the Coherence of International Law

Author : Mads Andenas
Publisher : BRILL
ISBN 13 : 9004390936
Total Pages : 474 pages
Book Rating : 4.0/5 (43 download)

DOWNLOAD NOW!

Book Synopsis General Principles and the Coherence of International Law by : Mads Andenas

Download or read book General Principles and the Coherence of International Law written by Mads Andenas and published by BRILL. This book was released on 2019-05-20 with total page 474 pages. Available in PDF, EPUB and Kindle. Book excerpt: General Principles and the Coherence of International Law offers a comprehensive analysis of general principles of law, assessing their role in guaranteeing the coherence of the international legal system.