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 Restitution and Unjust Enrichment Law - LAWS4036
 Law text book
Faculty: Faculty of Law
School:  Faculty of Law
Campus: Kensington Campus
Career: Postgraduate
Units of Credit: 8
EFTSL: 0.167 (more info)
Contact Hours per Week: 2
Enrolment Requirements:
Prerequisite: Academic Program must be either 9200, 9210 or 5740.
Session Offered: See Class Timetable
Fee Band: 3 (more info)


Restitution is the law's response to unjust enrichment. This course will deal with the question of how and when a plaintiff can compel a defendant to hand over enrichment gained at the plaintiff's expense. Courts in Australia, alongside those in other common law jurisdictions, recognise unjust enrichment as a source of rights and obligations.

The course will also deal with such fundamental questions as:
  • (1) the reasons for and measures of an unjust enrichment claim;
  • (2) the constituent elements of a claim in unjust enrichment; and
  • (3) how the law of unjust enrichment is conceptually related to other sources of rights and obligations (eg tort, contract).

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