Course

Current Issues in the Law of Restitution - LAWS8036

Faculty: Faculty of Law

School: Faculty of Law

Course Outline: http://www.law.unsw.edu.au/

Campus: Sydney

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 or 5740

CSS Contribution Charge: 3 (more info)

Tuition Fee: See Tuition Fee Schedule

Further Information: See Class Timetable

View course information for previous years.

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).

LLM Specialisation

Assessment

1. Class participation (20% maximisable)
2. 6,000 word research essay OR take home final exam (80% or 100%)
Law text book

Study Levels

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