ABSTRACT

The paradigm obligation, since Roman times, has been the law of contract; the non-contractual obligations founded on delict and unjust enrichment can seem, at first sight, an afterthought. In reality, the noncontractual obligations are at least as important as contract, as this and the following chapters will show. In this first chapter on non-contractual obligations the emphasis will be on the law of restitution, that is on remedies and obligations broadly founded on the principle of unjust enrichment. However, before tackling restitution an introductory section will look generally at non-contractual obligations and their development.