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Interference without ownership: the theft of incorporeal money in the South African law of unjustified enrichment

Abstract:

First National Bank of Southern Africa v Perry, Nissan South Africa v Marnitz NO and Absa Bank v Lombard Insurance, as well as Trustees, Estate Whitehead v Dumas and Absa Bank v Moore, together amount to a concerted attempt on the part of South African courts to provide victims of the theft of incorporeal money with adequate redress. However, it has proved difficult to find a satisfactory juristic explanation for this series of decisions. This chapter shows that a model organised around the e...

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Publication status:
Published
Peer review status:
Peer reviewed

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Publication website:
https://hdl.handle.net/10520/ejc-jlc_jur-v2021-n1-a17

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Institution:
University of Oxford
Division:
SSD
Sub department:
Law Faculty
Role:
Author
Publisher:
Juta Law Publisher's website
Journal:
Acta Juridica Journal website
Volume:
2021
Issue:
1
Article number:
343
Publication date:
2021-09-01
Acceptance date:
2021-07-15
EISSN:
1996-2088
ISSN:
0065-1346
Language:
English
Keywords:
Pubs id:
1202553
Local pid:
pubs:1202553
Deposit date:
2021-10-13

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