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.
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