Restitution - LAWS3079
Faculty: Faculty of Law
School: Faculty of Law
Course Outline: See below
Campus: Sydney
Career: Undergraduate
Units of Credit: 6
EFTSL: 0.12500 (more info)
Indicative Contact Hours per Week: 3
Enrolment Requirements:
Pre-requisite: Crime & Criminal Process (LAWS1021/JURD7121) & Criminal Laws (LAWS1022/JURD7122) OR Crim. Law 1 (LAWS1001/JURD7101) & Crim. Law 2 (LAWS1011/JURD7111). Co-requisite: Litigation 1 [LAWS2311/ JURD7211] OR Res. Civil Disp. (LAWS2371/JURD7271)
Excluded: JURD7379
CSS Contribution Charge: 3 (more info)
Tuition Fee: See Tuition Fee Schedule
Further Information: See Class Timetable
View course information for previous years.
Description
This course examines both actions for restitution and the category unjust enrichment. Liability in unjust enrichment is encapsulated in the phrase "unjust enrichment at the expense of the plaintiff". We commence with enrichment. Not all benefits received by the defendant are enriching and the courts have developed tests to determine whether the defendant is enriched and whether this enrichment is at the plaintiff's expense. The next question is injustice, this question being answered by the unjust factors. We will cover various unjust factors, including mistake, failure of basis and policy motivated unjust factors. Finally, we will look at two defences: change of position and estoppel.
Main Topics
Main Topics
- Introduction to unjust enrichment and restitution
- Unjust factors I: Mistake
- Unjust factors II: Failure of basis
- Unjust factors III: Coercion
- Unjust factors IV: Policy motivated claims (Necessity)
- Defences to claims in unjust enrichment.
More information can be found on the Course Outline Website.
Study Levels
UNSW Quick Links
