LAW5606 · Restitution

Overview

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.

Offerings

The Handbook publishes no offerings for this unit.

Assessment

The Handbook lists an examination for this unit.

Assessment details may change. Please refer to the assessment information in Moodle closer to the start of the teaching period.

Requisites

Learning outcomes

1. Apply knowledge and understanding of a range of current controversies in restitution and the law of unjust enrichment with creativity and initiative to new situations in professional practice;
2. Investigate, analyse and synthesise complex information, problems, concepts and theories in relation to the unjust enrichment principle and to critically evaluate the effectiveness of restitution and restitutionary remedies within the private law, including the desirability of reform;
3. Conduct research into relevant domestic and international materials on contemporary restitution law issues based on knowledge of appropriate research principle and methods; and
4. Use cognitive, technical and creative skills to generate and evaluate at an abstract level complex ideas and concepts relevant to the law of restitution and unjust enrichment.

Workload

Minimum total expected workload to achieve the learning outcomes for this unit typically comprises of a mixture of scheduled learning activities and independent study applicable to a 6 credit point unit. Learning activities may include a combination of teacher directed learning, peer directed learning, and online engagement.

Student experience, not official rules. Nothing here changes what the Handbook says.