Description
Bloomsbury Publishing PLC Unjust Enrichment in South African Law: Rethinking Enrichment by Transfer by Helen Scott
Conventionally the absence of liability - especially contractual invalidity - grounds 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. Taking as its focus those instances in which the invalidity thesis is strongest - the condictio indebiti - 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. The book explores the reasons for the rise of unjust factors in South African law seeks to defend in principled terms the mixed approach to enrichment by transfer which appears to characterise modern South African law and advocates rationalisation of the causes of action comprised within the condictio indebiti many of which are subject to additional historically-determined requirements.