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Presentation
"Measuring Enrichment Liability in the Context of Unfinished Construction Projects"
CIB2013 Queensland University of Technology (QUT) (2013)
  • Aimite Jorge
Abstract

Most aspects of construction projects mainly fall under contractual regime. However, when things go wrong such as when the project is abandoned for various reasons, they may create two different scenarios: A contract that is breached and a fixed structure left on the land of one party, which constitute an incomplete benefit transferred. The transfer of such benefit is initially made with a legal ground, but that ground has since ceased to exist. If some aspect of that benefit cannot be recovered under a contract, enrichment rules may be competent to solve the problem. How to measure the different aspects of that enrichment is however a problem that may have different interpretations according to different conceptions of the foundations of enrichment liability in a particular legal system. This article explores the measure of enrichment in such cases of failed bilateral contracts scenarios working from South African perspective. It argues that in cases of failed bilateral contracts generating an enrichment situation, sanctioning a dual measure of enrichment in a legal system may be an appropriate avenue.

Keywords
  • Unfinished construction projects,
  • Failed contracts,
  • Enrichment law,
  • Remedies
Publication Date
May, 2013
Comments
Proceedings of the 19th CIB World Building Congress, Brisbane 2013: Construction and Society ISBN: 978-0-9875542-1-5 ©2013 Queensland University of Technology Edited by Prof. Stephen Kajewski, A/Prof. Karen Manley and Prof. Keith Hampson Authors and/or their employers retain copyright of the papers printed in these Proceedings. For enquiries regarding copyright permissions, please contact: The School of Civil Engineering and Built Environment Queensland University of Technology 2 George Street, Brisbane, QLD, 4001, Australia Phone: +61 3138 1762 Email: k.manley@qut.edu.au
Citation Information
Aimite Jorge (2013) "Measuring Enrichment Liability in the Context of Unfinished Construction Projects" in S. Kajewski, K. Manley & K.Hampson (Eds.), Proceedings of the 19th International CIB World Building Congress, (paper 339), Brisbane: ©2013 Queensland University of Technology, ISBN: 978-0-9875542-1-5