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Enrichment in the Law of Unjust Enrichment and Restitution (Hardcover, New)
Loot Price: R4,674
Discovery Miles 46 740
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Enrichment in the Law of Unjust Enrichment and Restitution (Hardcover, New)
Series: Hart Studies in Private Law
Expected to ship within 12 - 19 working days
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Enrichment is key to understanding the law of unjust enrichment and
restitution. This book provides a comprehensive analysis of the
concept of enrichment and its implications for restitutionary
awards. Dr Lodder argues that enrichment may be characterised
either factually or legally, and explores the consequences of that
distinction. In factual enrichment cases, the measure of enrichment
is the objective value received. This is the basis of many awards
of money had and received, quantum meruit, quantum valebat and
money paid. In legal enrichment cases, the benefit is the
acquisition of a specific right or the release of a specific
obligation. The remedy is restitution of that right or
reinstatement of that obligation. It is demonstrated that specific
restitution of the defendant's legal enrichment is often the basis
for resulting trusts, rescission, rectification and subrogation.
This book has profound implications for understanding
restitutionary awards and the relationship between the enrichment
inquiry and other aspects of the law of unjust enrichment,
including the 'at the expense of' inquiry and the defence of change
of position.
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