Undergraduate - UnitLAW5121 - Restitution 506

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

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.

Outcomes

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 the unjust enrichment analysis.

Assessment

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)

Dr Normann Witzleb

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