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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 : 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 :
ISBN 13 : 9780409044102
Total Pages : 374 pages
Book Rating : 4.0/5 (441 download)
Download or read book Unjustified Enrichment written by Sieg Eiselen and published by . This book was released on 2008-01-01 with total page 374 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Gerhard Dannemann
Publisher : Oxford University Press, USA
ISBN 13 : 0199533113
Total Pages : 349 pages
Book Rating : 4.1/5 (995 download)
Download or read book The German Law of Unjustified Enrichment and Restitution written by Gerhard Dannemann and published by Oxford University Press, USA. This book was released on 2009 with total page 349 pages. Available in PDF, EPUB and Kindle. Book excerpt: Unjustified enrichment and restitution in German law. -- The wider comparative perspectives. -- Cases and statutes.
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 : D. P. Visser
Publisher :
ISBN 13 : 9780702176913
Total Pages : 0 pages
Book Rating : 4.1/5 (769 download)
Download or read book Unjustified Enrichment written by D. P. Visser and published by . This book was released on 2008 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Helps 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 : Elise Bant
Publisher : Edward Elgar Publishing
ISBN 13 : 1788114264
Total Pages : 535 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 535 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 : 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 : Walter Herbert Mars
Publisher : Juta and Company Ltd
ISBN 13 : 9780702179266
Total Pages : 998 pages
Book Rating : 4.1/5 (792 download)
Download or read book The Law of Insolvency in South Africa written by Walter Herbert Mars and published by Juta and Company Ltd. This book was released on 2008 with total page 998 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Vernon Valentine Palmer
Publisher : Cambridge University Press
ISBN 13 : 1139510355
Total Pages : 727 pages
Book Rating : 4.1/5 (395 download)
Download or read book Mixed Jurisdictions Worldwide written by Vernon Valentine Palmer and published by Cambridge University Press. This book was released on 2012-06-28 with total page 727 pages. Available in PDF, EPUB and Kindle. Book excerpt: This examination of the mixed jurisdiction experience makes use of an innovative cross-comparative methodology to provide a wealth of detail on each of the nine countries studied. It identifies the deep resemblances and salient traits of this legal family and the broad analytical overview highlights the family links while providing a detailed individual treatment of each country which reveals their individual personalities. This updated second edition includes two new countries (Botswana and Malta) and the appendices explore all other mixed jurisdictions and contain a special report on Cameroon.
Author : Ewoud Hondius
Publisher : Springer
ISBN 13 : 3319187597
Total Pages : 517 pages
Book Rating : 4.3/5 (191 download)
Download or read book Disgorgement of Profits written by Ewoud Hondius and published by Springer. This book was released on 2015-08-12 with total page 517 pages. Available in PDF, EPUB and Kindle. Book excerpt: Disgorgement of profits is not exactly a household word in private law. Particularly in civil law jurisdictions – as opposed to those of the common law – the notion is not well known. What does it stand for? It is best illustrated by examples. One of the best known being the British case of Blake v Attorney General, [2001] 1 AC 268. In which a double spy had been imprisoned by the UK government before escaping and settling in the former Soviet Union. While there wrote a book on his experiences, upon which the UK government claimed the proceeds of the book. The House of Lords, as it then was, allowed the claim on the basis of Blake’s breach of his employment contract. Other examples are the infringement of intellectual property rights, where the damages of the owner are limited, but the profits of the wrongdoer immense. In such cases, the question arises whether the infringing party should be disgorged of his profits. This volume aims at establishing the notion of disgorgement of profits as a keyword in the discourse of private law. It does not purport to answer the question whether or not such damages should or should not be awarded. It does however aim to contribute to the discussion, the arguments in favour and against, and the organisation of the various actions.
Author : Mathias Reimann
Publisher : Oxford University Press
ISBN 13 : 0192565516
Total Pages : 1425 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 1425 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.
Author : George Wille
Publisher : Juta and Company Ltd
ISBN 13 : 9780702165511
Total Pages : 1462 pages
Book Rating : 4.1/5 (655 download)
Download or read book Wille's Principles of South African Law written by George Wille and published by Juta and Company Ltd. This book was released on 2007 with total page 1462 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Peter Birks
Publisher : Bloomsbury Publishing
ISBN 13 : 1847316832
Total Pages : 303 pages
Book Rating : 4.8/5 (473 download)
Download or read book Breach of Trust written by Peter Birks and published by Bloomsbury Publishing. This book was released on 2002-07-05 with total page 303 pages. Available in PDF, EPUB and Kindle. Book excerpt: Recent leading cases have demonstrated the urgent need to modernize the learning on breach of trust,which has lagged behind the flourishing scholarship on the creation of trusts. Since breach of trust or fiduciary duty occupies the centre of the legal stage, it comes as a surprise that, although one or two novelists have chosen 'Breach of Trust' as the title to their book, no lawyer has so far thought it necessary to produce a specialized work on the subject. To fill the gap, this book, written by a team of leading trust lawyers from a number of common law jurisdictions, investigates all the principal aspects of the subject. The nature of the trustee's duties and of the liability for breach is closely examined, and all available defences and excuses are reviewed. Two substantial chapters consider the consequences of assisting a breach or receiving trust property from a trustee acting in breach. The book closes with a critical overview of the entire topic. CONTENTS: 1 Robert Chambers 'Liability for Breach'; 2 Joshua Getzler 'The Duty of Care'; 3 Edwin Simpson 'The Conflict of Interest'; 4 David Fox 'Overreaching'; 5 Lionel Smith 'Property Transferred in Breach'; 6 Charles Mitchell 'Assistance'; 7 Peter Birks 'Receipt'; 8 James Penner 'Exemption clauses'; 9 John Lowry and Rod Edmunds 'Honest and Reasonable Breach' ; 10 Jennifer Payne 'Consent'; 11 William Swadling 'Limitation'; 12 Gary Watt 'Laches, Estoppel and Election'; 13 David Hayton 'An Overview'.
Author : Robin Evans-Jones
Publisher :
ISBN 13 : 9780414018501
Total Pages : pages
Book Rating : 4.0/5 (185 download)
Download or read book Unjustified Enrichment written by Robin Evans-Jones and published by . This book was released on 2013-11-22 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: This second volume of 'Unjustified Enrichment' follows on from the first edition on enrichment by deliberate conferral. This volume covers enrichment acquired by any other manner. The text provides an authoritative and comprehensive account of the subject, and will establish a scheme of the precise features and limits of claims of 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 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 : Andrew Dyson
Publisher : Bloomsbury Publishing
ISBN 13 : 1782256369
Total Pages : 361 pages
Book Rating : 4.7/5 (822 download)
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 361 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.
