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LLM Delict, Unjustified Enrichment, and Human Rights

RDL5627F

LLM Delict, Unjustified Enrichment, and Human Rights

Course Co-ordinator: Prof Anton Fagan and Prof Helen Scott

Entrance requirements: See rules for LLM and MPhil Degrees and Postgraduate Diplomas

Course outline:

This course investigates the relationship between delict and unjustified enrichmnent (that is, non-contractual obligations), on the one hand, and human rights on the other, particularly as those are enacted in bills of rights or similar legally-binding documents. The main emphasis will be on South African law. In the first place, the course will look at the important ways in which the South African law of delict has been (and still might be) changed in order to bring it in line with the South African Constitution: examples are in respect of omissions by public bodies, vicarious liability, and enrichment, and at how it relates to the rights in and values of the South African Constitution. The course will, however, also place the South African law in a broader comparative context: in particular, it will look at the relationship between delict/tort and unjustified enrichment/restitution, on the one hand, and human rights, on the other, in English, Canadian and German law.

 

A draft reading list for the course can be downloaded here.

DP requirements: Satisfactory attendance at all lectures and submission of course assignment.

Assessment:

Essay 30%

Examination 70%