26 (5) Briefly discuss the importance of the decision in Baker v Probert 1985 (3) SA 429 (A) for the application of the condictio causa data causa non secuta in South African law. Contractual remedies after breach of contract De Vos (156 et seq) holds the view that this condictio no longer plays a part in our law in the case of rescission on the grounds of breach of contract, but that the

which appears to characterise modern South African law. It advocates the rationalisation of the causes of action comprised within the condictio indebiti, many

Condictio indebiti. Something given or transferred in ownership to another (1). Ca n consist of corporeal things or incorporeal things, such as rights (1); Chapter 3 - Condictio causa data causa non secuta. Chapter 4 - Condictio ob causam finitam. Chapter 5 - Condictio ob turpem causam.

South African law the excusability of the transferor's mistake is regarded as a Restitution by means of the condictio indebiti is frequently refused on this basis Application in South African law. 32. 4. CONDICTIO INDEBITI: SPECIFIC APPLICATIONS. 41.

Both Scotland and South Africa recognize a requirement of excusable mistake in the context of the condictio indebiti, the action for the recovery of mistaken payments. Since the law of unjustified enrichment in both jurisdictions is essentially civilian in origin, this resemblance is unsurprising.

Scott argues that while the absence of a relationship of indebtedness is a necessary condition for restitution, it is not a sufficient condition. Condictio: lt;p|>In |Roman Civil Law|, a |Condictio| (plural |condictiones|) referred to an "action" or "sum World Heritage Encyclopedia, the aggregation of the largest online encyclopedias available, and the most definitive collection ever assembled. condictio causa data causa non secuta: in Roman law, the personal action for non-materialization of one side of a bilateral agreement.

South African law the excusability of the transferor's mistake is regarded as a Restitution by means of the condictio indebiti is frequently refused on this basis

When the plaintiff has paid to the defendant by mistake what he was not bound to pay either in fact or in law, he may recover it back by an action called condictio indebiti. All the detrimental side effects were not taken into account in determining the amount claimable under the action, therefore the condictio indebiti was an undeveloped enrichment action. (6) Discuss the defence of non-enrichment with the condictio indebiti as it is applied in South African law.

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 of De Villiers JP in Van Wijk’s Trustee v African Banking Corporation,1 and then, more recently, in a judgment of Harms JA in Bowman, De Wet and Du Plessis NNO v Fidelity Bank The common essential allegations in the condictio sine causa, (A pays to B money which is due to C) and condictio indebiti (performance in terms of an invalid contract where invalidity is due to a failure to comply with prescribed formalities), is that the defendant was enriched at the expense of plaintiff and plaintiff was impoverished and the enrichment was unjustified or sine causa. CONDICTIO INDEBITI: SPECIFIC APPLICATIONS Statutory enrichment claim created by S28 of Alienation of Land Act Insolvency law and law of Succession Payments made under duress and protest Ultra vires payments Re: Void contracts for sale of land or void contracts for hire-purchase agreements Where performance made in terms of void contract – plaintiff should be able to reclaim performance if 3.3 Roman-Dutch law 32 3.4 Application in South African law 32 4 CONDICTIO INDEBITI: SPECIFIC APPLICATIONS 41 4.1 Introduction 43 4.2 Statutory enrichment action: Alienation of Land Act 43 4.3 The condictio indebiti and the law of succession 45 4.4 The condictio indebiti and the law of insolvency 48 4.5 Ultra vires payments and the condictio indebiti 49 Law allows relief when undue payment is made under protest.
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if the sum was due ex aequitate, or by a Condictio indebiti under scrutiny. In April 2016, Gildenhuys Malatji’s Commercial Litigation and Public Law Department went on trial in the Pretoria High Court representing the defendant in an action based on the condictio indebiti.

Copyright The book takes as its focus those instances in which the invalidity thesis is strongest, namely, those traditionally classified as instances of the condictio indebiti, the which appears to characterise modern South African law. It advocates the rationalisation of the causes of action comprised within the condictio indebiti, many Title: Condictio indebiti - En kritisk analys av Högsta Domstolens behandling av Author/s: Ekelund, Hampus; Department/s: Department of Law; In LUP since 8 mars 2016 — Högsta domstolen att rätt till ersättning föreligger eftersom tryckerikunden betalat för mycket moms av misstag, så kallad condictio indebiti. av C Isaksson · 2021 — 47 Cappelletti, Mauro, Access to Justice as a Theoretical Approach to Law and a Practical Programme for.
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This condictio isnot well-known in South African law. In fact, it features only twice in the law reports:first, almost a century ago, in a judgment of De Villiers JP in Van Wijk’s Trustee v AfricanBanking Corporation,1 and then, more recently, in a judgment of Harms JA in Bowman,De Wet and Du Plessis NNO v Fidelity Bank Ltd.2 Something this

The Buy Unjust Enrichment in South African Law: Rethinking Enrichment by Transfer, by Helen Scott, ISBN 9781849462235, published by Hart Publishing from www.wildy.com, the World's Legal Bookshop. Shipping in the UK is free. Competitive shipping rates world-wide. 14 Jun 2016.

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Yet the similarity between Scottish and South African law in this respect turns out to be a superficial one only. In fact, the requirement of excusable mistake has evolved very differently in each of these two jurisdictions. Scottish law demonstrates the relatively orderly and linear development of the condictio indebiti from its Roman origins.

A bona fide possessor believes that he holds as owner, although he is mistaken as to his ownership.