Unjust Enrichment in South African Law: Rethinking Enrichment by Transfer

Conventional thinking teaches that the absence of liability - in particular, contractual invalidity - is itself a reason for the restitution of transfers in the South African law of unjustified enrichment. However, this book argues that while the absence of a relationship of indebtedness is a necessary condition for restitution in such cases, it is not a sufficient condition. The book takes as its focus those instances in which the invalidity thesis is strongest, namely those traditionally class…