Faculty of Law

Undergraduate - Unit

This unit entry is for students who completed this unit in 2013 only. For students planning to study the unit, please refer to the unit indexes in the the current edition of the Handbook. If you have any queries contact the managing faculty for your course or area of study.

print version

6 points, SCA Band 3, 0.125 EFTSL

To find units available for enrolment in the current year, you must make sure you use the indexes and browse unit tool in the current edition of the Handbook.

FacultyFaculty of Law
OfferedNot offered in 2013


The unit incorporates the study of case law and theory where the law recognises the underlying principle of unjust enrichment. The unit will cover:

  1. the elements of the unjust enrichment principle
  2. the scenarios in which it is recognised, and where it is controversial
  3. the remedies and defences that are available
  4. whether restitution is limited to unjust enrichment or is also available for wrongs.


Students who successfully complete this course should have:

  • been exposed to controversies concerning the structure and shape of restitution as a third branch of private law alongside contract and tort
  • acquired an overview of legal and equitable remedies which embody a 'restitutionary' response - the recovery of money and other benefits unjustly retained
  • acquired an understanding of the principal areas where the restitutionary response has been applied
  • considered the content and operation of the unjust enrichment principle
  • have become familiar with the historical antecedents of the modern law of unjust enrichment or restitution
  • will have considered possible reforms to the existing law of restitution in light of the unjust enrichment analysis.


1) Written assignment (1,500 words): 30% and examination (2,5 hours writing time plus 30 minutes reading and noting time) 70%; or
2) Examination (2,5 hours writing time plus 30 minutes reading and noting time): 100%

Chief examiner(s)

Contact hours

Three hours of lectures per week


LAW1100 or LAW1101 and LAW1102 or LAW1104; LAW2100 or LAW2101 and LAW2102


LAW2200 or LAW2201 and LAW2202, LAW3400 or LAW3401 and LAW3402