List of Titles

Authors: Glover, Graham B , Beard, M
Date: 2008
Subjects: To be catalogued
Language: English
Type: text , article
Identifier: http://hdl.handle.net/10962/186891 , vital:44545 , xlink:href="///C:/Users/User/Downloads/41DeJure648%20(1).pdf"
Description: James Joyce once wrote that "mistakes ... are the portals of discovery" (Ulysses (1964) Ch 9). This aptly describes the legal significance of the judgment in Jantjie v Minister of Labour (unreported decision of the High Court, Eastern Cape Division, case no 3193/2006, decided on 2007-06- 14). In this case, Leach J had to deal with a matter of civil procedure that does not seem to have been dealt with in any reported judgment - the effect of an attorney of record mistakenly failing to sign a notice of motion where an application is brought before the High Court.
Full Text:
Date Issued: 2008

Authors: Glover, Graham B
Date: 2006
Subjects: To be catalogued
Language: English
Type: text , article
Identifier: http://hdl.handle.net/10962/186869 , vital:44541 , xlink:href="file:///C:/Users/User/Downloads/69THRHR419%20(2).pdf"
Description: Since the Supreme Court of Appeal has continued to avoid taking the step of recognising a general enrichment action,' the traditional enrichment actions of the common law remain fundamentally important to the operation of the law of unjustified enrichment in South Africa. Most significant of these is the condictio indebiti, which is probably the most well-known and liberally utilised enrichment action in South African law.2 In this article, the nature and scope of this condictio will be examined, and it will be shown that it has grown beyond its notionally traditional role of reversing payments or transfers made unjustifiably by mistake, to include causes of action in duress and protest. The implications of this for the condictio, as well as for the foundations of our enrichment law will then be examined, with reference to the two leading schools of enrichment law: the civilian school, typified by German law, and the common-law school, typified by English law.
Full Text:
Date Issued: 2006

Authors: Glover, Graham B
Date: 2006
Subjects: To be catalogued
Language: English
Type: text , article
Identifier: http://hdl.handle.net/10962/186880 , vital:44544 , xlink:href="///C:/Users/User/Downloads/69THRHR561%20(1).pdf"
Description: Since the Supreme Court of Appeal has continued to avoid taking the step of recognising a general enrichment action,' the traditional enrichment actions of the common law remain fundamentally important to the operation of the law of unjustified enrichment in South Africa. Most significant of these is the condictio indebiti, which is probably the most well-known and liberally utilised enrichment action in South African law.2 In this article, the nature and scope of this condictio will be examined, and it will be shown that it has grown beyond its notionally traditional role of reversing payments or transfers made unjustifiably by mistake, to include causes of action in duress and protest. The implications of this for the condictio, as well as for the foundations of our enrichment law will then be examined, with reference to the two leading schools of enrichment law: the civilian school, typified by German law, and the common-law school, typified by English law.
Full Text:
Date Issued: 2006

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