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Restitution and Unjust Enrichment Law - LAWS8036
Law text book

 
Faculty: Faculty of Law
 
 
School:  Faculty of Law
 
 
Course Outline: http://www.law.unsw.edu.au/
 
 
Campus: Kensington Campus
 
 
Career: Postgraduate
 
 
Units of Credit: 6
 
 
EFTSL: 0.12500 (more info)
 
 
Indicative Contact Hours per Week: 2
 
 
Enrolment Requirements:
 
 
Prerequisite: Academic Program must be either 9200, 9210, 5740 or 9230
 
 
Fee Band: 3 (more info)
 
 
Further Information: See Class Timetable
 
 

Description

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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© The University of New South Wales (CRICOS Provider No.: 00098G), 2004-2011. The information contained in this Handbook is indicative only. While every effort is made to keep this information up-to-date, the University reserves the right to discontinue or vary arrangements, programs and courses at any time without notice and at its discretion. While the University will try to avoid or minimise any inconvenience, changes may also be made to programs, courses and staff after enrolment. The University may also set limits on the number of students in a course.