unjustified enrichment

Question 1

what is unjustified enrichment

Answer 1

Unjustified enrichment occurs when one party gains a benefit at the expense of another without a valid reason

Question 2

what is proper negotorium gestio

Answer 2

negotiorum gestio is when someone steps in to manage another person’s affairs, usually because they think the other person would want them to, even though they haven’t been asked or given permission

Question 3

improper negotorium gestio

Answer 3

happens when someone steps in to manage another person’s affairs, but they do so without the belief that the other person would want them to, or they know the person wouldn’t agree

Question 4

bells different types of claims

Answer 4

Repetition: Claims for the return of money.
Restitution: Claims for the return of other types of property.
Recompense: A catch-all category for cases where no benefit was intended to be transferred, but one party was still unjustly enriched.
Negotiorum Gestio: Covered situations where someone paid another’s debt, with recovery limited to the amount of the enrichment.

Question 5

case; unjustified enrichment

Answer 5

Shilliday v Smith (1998 SC 725), the court ruled that a person is unjustly enriched if they receive a benefit from someone else’s actions or spending, without a legal reason to keep that benefit.

Question 6

unjustified enrichment claim rules

Answer 6

A benefit (money, property, or services) was transferred.
The transfer was meant to fulfill an obligation that wasn’t actually due (a mistake or error).
In some cases, even if the transfer was known to be wrong, the person making the transfer can still claim it back if they reasonably expected it to be repaid