Now showing items 1-6 of 6
The condictio quasi indebiti
(UNISA Press, 2010)
This essay focuses on something called the condictio quasi indebiti. This condictio is not well-known in South African law. In fact, it features only twice in the law reports: first, almost a century ago, in a judgment ...
Professor Sir TB Smith en die ontwikkeling van die Skotse reg, oftewel, wat maak ’n regsakademikus suksesvol?
(Juta Law Publishing, 2006-03)
INLEIDING: Die Skotse juris Professor Sir Thomas (TB) Smith QC (1915 - 1988) se nalatenskap is omstrede. Terwyl sommige krities staan teenoor die sterk klem wat hy geplaas het op die Romeinse, teenoor Engelse, wortels ...
The relevance of the plaintiff’s impoverishment in awarding claims based on unjustified enrichment
(Juta Law Publishing, 2009-01)
The question whether the plaintiff has been impoverished is of central importance in the South African law of unjustified enrichment. Proof of impoverishment is a general requirement for enrichment claims, and according ...
Determining the moment when enrichment liability is quantified : the curious case of Paschke v Frans
(Juta Law, 2016-06)
A well-established principle of South African law, and indeed many other jurisdictions, governs the measure or quantum of claims based on unjustified enrichment. The principle is that we do not enquire into what the defendant ...
Illegal contracts and the burden of proof
(Juta Law, 2015-01)
South African law, in line with a number of prominent jurisdictions, recognises the general rule that when the legality of a contractual term is in dispute, the party who alleges illegality bears the burden of proof. ...
The right of an attorney to claim payment of costs from a third party
(Juta Law, 2016-08)
Parties to a contract sometimes agree that one party will pay certain costs to the other party’s attorney. A typical clause to this effect, which featured in Barnett v Abe Swersky & Associates (“Barnett”), reads as ...