Faculty of Law

Postgraduate - Unit

This unit entry is for students who completed this unit in 2014 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.

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6 points, SCA Band 3, 0.125 EFTSL

Refer to the specific census and withdrawal dates for the semester(s) in which this unit is offered, or view unit timetables.

FacultyFaculty of Law
OfferedNot offered in 2014


For postgraduate Law discontinuation dates, please see http://www.law.monash.edu.au/current-students/postgraduate/pg-disc-dates.html


The unit studies Canadian, Australian, English and US case law and theory on the principle of unjust enrichment. The unit will cover

  1. the elements of the unjust enrichment principle,
  2. the substantive areas for which it appears to be the principle underlying the granting of relief,
  3. the remedies and defences that are available, and
  4. the applicability of the unjust enrichment analysis to restitutionary claims for benefits secured through wrongdoing.


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; and
  • will have considered possible reforms to the existing law of restitution in light of ht eunjust enrichment analysis.


Two research assignments (3,750 words): 100% OR one research assignment (7,500 words): 100%

Chief examiner(s)