Jacques du Plessis, THE SOUTH AFRICAN LAW OF UNJUSTIFIED ENRICHMENT Claremont: Juta (www.jutalaw.co.za), 2012. xliv + 436 pp. ISBN 9780702194740. R550.
| Author | Daniel J Carr |
| DOI | 10.3366/elr.2013.0143 |
| Published date | 01 January 2013 |
| Date | 01 January 2013 |
| Pages | 102-104 |
It sometimes feels like the recognition of a South African general enrichment action has been imminent for years. In fairness, the indications have been that such a judicial recognition was, indeed, imminent. Law, however, has a stubborn tendency not to respect predictions: there is still no judicially sanctioned “general enrichment action” in South Africa. Yet, at least, as du Plessis explains, the judiciary have accepted the
Scottish lawyers have much to gain from works like these, and not only because of a juridical camaraderie flowing from being “mixed” legal systems at a general level. Affinities between the two systems’ enrichment laws, and theorists, run deep. This text is a welcome adornment to that comity. Furthermore, the relatively recent revamp of Scottish unjust(ified) enrichment law, that culminated in Lord Rodger's decision in
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