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Judge and JuristEssays in Memory of Lord Rodger of Earlsferry$
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Andrew Burrows, David Johnston, QC, and Reinhard Zimmermann

Print publication date: 2013

Print ISBN-13: 9780199677344

Published to Oxford Scholarship Online: September 2013

DOI: 10.1093/acprof:oso/9780199677344.001.0001

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PRINTED FROM OXFORD SCHOLARSHIP ONLINE (oxford.universitypressscholarship.com). (c) Copyright Oxford University Press, 2021. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 23 April 2021

The Enrichment Claim of the Mala Fide Improver of Another’s Property

The Enrichment Claim of the Mala Fide Improver of Another’s Property

(p.412) (p.413) 33 The Enrichment Claim of the Mala Fide Improver of Another’s Property
Judge and Jurist

Jacques du Plessis

Oxford University Press

This chapter examines developments in Scots law relating to the mala fide improver, and the broader civilian context within which these developments took place. Traditionally, the mala fide improver knows that he has no title, and he may therefore be unable to point to a mistake as the ‘critical factor’ in his ground of action. While the fact pattern of mala fide improvement may not be particularly prominent in practice, it does give rise to some considerable challenges, both in terms of whether such an improver should be awarded an enrichment claim, and in terms of the implications which recognizing such a claim has for the classification of enrichment law. The chapter begins with the locus classicus on the mala fide improver in Scots law, Barbour v Halliday.

Keywords:   enrichment law, Scots law, mala fide, Barbour v Halliday

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