Monash University > Publications > Handbooks > Units

Leader(s): Susan Barkehall-Thomas

Offered

Not offered in 2009

Synopsis

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, and
4. whether restitution is limited to unjust enrichment or is also available for wrongs.

Objectives

Students who successfully complete this course should have:

• been introduced to unities in the private law where it deals with the retention of moneys or benefits which it is against conscience to keep;
• acquired an overview of legal and equitable remedies which embody a 'restitutionary' response - the revindication of money and other benefits unjustly retained;
• acquired an understanding of Australian law in the principal areas where the restitutionary response has been applied;
• considered the content and operation of the unjust enrichment doctrine;

compared and assessed the language of unjust enrichment with traditional language used to express what the law is doing in restitutionary areas; and

• speculated on possible wider applications of the unjust enrichment idea and what part it should play in our jurisprudence.

Assessment

Written assignment (2500 words): 30%
Examination (2 hours writing time plus 30 minutes reading and noting time): 70% OR Examination (3 hours writing time plus 30 minutes reading and noting time): 100%.

Contact hours

Three hours of lectures per week

Prerequisites

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

Co-requisites

LAW2200 or LAW2201 and LAW2202, LAW3400 or LAW3401 and LAW3402