
Contents
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I. Introduction I. Introduction
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II. The Pandectist Veneer! The German Influence II. The Pandectist Veneer! The German Influence
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1. The approach to loss of enrichment as a defence 1. The approach to loss of enrichment as a defence
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2. The development of the rule error iuris nocet 2. The development of the rule error iuris nocet
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(a). Pandectist thought on the role of error in regard to the recovery of a payment not owed (a). Pandectist thought on the role of error in regard to the recovery of a payment not owed
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(b). Rooth v. The State and its interpretation of the civilian authorities (b). Rooth v. The State and its interpretation of the civilian authorities
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(c). Development after Rooth v. The State (c). Development after Rooth v. The State
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III. A Different Grain Under the Surface: The Balancing Influence of English Law III. A Different Grain Under the Surface: The Balancing Influence of English Law
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1. Reciprocity and claims after breach of contract 1. Reciprocity and claims after breach of contract
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2. Restitutio in integrum 2. Restitutio in integrum
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3. Countermanded cheques and the right of banks to recovery 3. Countermanded cheques and the right of banks to recovery
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4. Contracts for the sale of land which are void for lack of writing 4. Contracts for the sale of land which are void for lack of writing
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IV. Independent Development IV. Independent Development
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1. Illegal contracts and the par delictum rule 1. Illegal contracts and the par delictum rule
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2. Serendipitous advances: the right of bona fide occupiers to claim compensation 2. Serendipitous advances: the right of bona fide occupiers to claim compensation
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3. The dark side of Bellingham v. Bloommetje: the position of mala fide possessors and occupiers 3. The dark side of Bellingham v. Bloommetje: the position of mala fide possessors and occupiers
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4. Hubris: the case of the unauthorized administrator who has administered the affairs of another against his wishes. 4. Hubris: the case of the unauthorized administrator who has administered the affairs of another against his wishes.
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V. The Spirit of the Law! The General Principle Against Unjustified Enrichment and the Notion of a General Action V. The Spirit of the Law! The General Principle Against Unjustified Enrichment and the Notion of a General Action
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Cite
Abstract
The law of enrichment in many ways reflects the character which South African law generally has developed over the past three centuries. In certain respects it has unmitigated antiquarian features. In others it displays a refreshing modernity. On important occasions it has shrunk from taking the bold step required; in others it has rushed ahead without proper caution. Often, however, it has found just the right balance. Thus, it embraces many of the solid, classical solutions of the ius commune while at the same time having rough, unhewn aspects which cry out to be fashioned properly. This chapter describes how these features of the South African law of unjustified enrichment came about, and asks what is to be learnt from this historical process for the future development of this field of the law.
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