Unjustified Enrichment
The laws of unjustified enrichment in the sister mixed legal systems of South Africa and Scotland resemble each other much more closely than they resemble the law of unjustified enrichment in any other country. This chapter considers how South Africa and Scotland have addressed the following questions: Which hurdles have to be overcome to establish a generalized notion of liability? What opportunities are created by developing such a generalized form of liability? It shows that the new order in each system — based on a principled, generalized approach to enrichment liability — contains within it the power to correct the difficulties that exist in each system. This can, however, be achieved only if there is sufficient willingness on the part of judges to unlock the possibilities inherent in this new approach.
Keywords: laws of unjustified enrichment, mixed legal system, Scots law, South African law, liability
Oxford Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.
Please, subscribe or login to access full text content.
If you think you should have access to this title, please contact your librarian.
To troubleshoot, please check our FAQs , and if you can't find the answer there, please contact us .