WK 7 - Unjustified Enrichment and Negotorium Gestio

Question 1

What is unjustified enrichment?

Answer 1

• Quasi-contract
• Ulpian, Edict, book 26: If someone mistakenly pays what is not due he can recover by this condictio [the condictio indebiti]

Question 2

Explain condictio indebiti

Answer 2

A claim for repayment of a sum not due

Question 3

Explain condictio causa data causa non secuta

Answer 3

A claim for something given for a cause that has failed

Question 4

Explain condictio ob turps vel iniustam causam

Answer 4

A claim for something given for a corrupt or unlawful cause

Question 5

Explain condictio sine causa

Answer 5

A ‘sweep up’ claim for things given without legal basis

Question 6

Meaning of enrichment

Answer 6

• Increase in assets or decrease in liabilities
• Receiving a service or having work done
• Use of another’s assets

Question 7

Explain [enrichment] at another’s expense

Answer 7

• Decrease in assets or increase in liabilities
• Rendering a service or doing work
• Use by another person of one’s assets

Question 8

Should unjustified enrichment be supported by legal grounds?

Answer 8

No

Question 9

Give examples of what is not unjustified enrichment

Answer 9

• A legacy
• Arising under contract
• A court order

Question 10

Describe the three remedies (3 R’s)

Answer 10

• Repetition: return of money
• Restitution: return of property
• Recompense: repayment of unjustified expenditure or for unjustified use

Question 11

Explain negotiorum gestio

Answer 11

• One person (the gesture) intervenes without authorisation in the affairs of another person (contrast with agency)

Question 12

Describe requirements for negotiorum gestio

Answer 12

• The other person must be absent, unaware or incapable
• The gestor must act for the other person’s benefit but expect to recover their expenses
• The intervention must have been useful