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8 Cards in this Set
- Front
- Back
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WHAT IS UNJUSTIFIED ENRICHMENT |
1. ENRICHMENT 2. AT ANOTHER'S EXPENSE 3. WHICH IS UNJUSTIFIED 4. EQUITABLE BETWEEN PARTIES TO REVERSE DOLLAR (CUMBERNAULD) LTD V CIN PROPERTIES LTD |
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1. ENRICHMENT |
BENEFIT FROM ANOTHER'S ACTING/EXPENDITURE |
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3 WAYS IN WHICH ENRICHMENT CAN ARISE |
1. TRANSFER - CONDICTIONES; BENEFIT FROM CONFERRAL OF PROPERTY/MONEY OR RIGHTS FOR OWN BENEFIT 2. IMPOSITION - UNAUTHORISED IMPROVEMENT OF ANOTHER'S PROPERTY/PAYMENT OF THEIR DEBT 3. TAKING - USE OF ANOTHER'S PROPERTY/MONEY RIGHTS FOR OWN BENEFIT |
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2. AT ANOTHER'S EXPENSE |
DIRECT RELATIONSHIP & CAUSATION - RETAINED AT EXPENSE OF PERSON FROM WHO IT WAS DIRECTLY ACQUIRED |
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3. UNJUSTIFIED |
RETENTION SINE CAUSA - WITHOUT LEGAL GROUND
DETERMINED BY MANNER OF ENRICHMENT |
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4. EQUITABLE BETWEEN PARTIES TO REVERSE |
COURT MAY TAE ACCOUNT OF AND BALANCE ALL FACTORS AFFECTING THE RELATIONSHIP BEFORE DECIDING ORDER ORDER OF RESTORATION |
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WHAT IS THE SUBSIDIARY PRINCIPLE |
THAT CONTRACT LAW IS PREVAILS ABOVE UE |
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SITUATIONS WHERE UE CAN ARISE |
FAILED CONTRACTS: CONTRACT VOID NO CII - MATHIESON GEE CONTRACT FRUSTRATED ILLEGALITY IN CONTRACT |
