The course covers aspects of the law of restitution as it has developed in Australia, England and (to a lesser extent) Canada, and considers the inter-relationship between restitution, contract, equity, and other categories of legal obligations.
The course considers the relevant law from three perspectives: historical, conceptual and doctrinal. It provides a useful overview of the private law of obligations and property. The first section of the course considers:
the history of restitution; and
theories of restitution and the concept of unjust enrichment
The second part of the course examines various situations where restitutionary relief may be sought including:
mistake (including its role as the paradigm unjust enrighment claim);
ineffective contracts;
restitution after breach of contract;
compulsion;
restitution for wrongs;
property and restitution;
equity and restitution; and
other topical issues.
Learning Outcomes
Upon successful completion, students will have the knowledge and skills to:
- Evaluate hypothetical problems and apply law relevant to topics covered in the course
- Research, critically evaluate and contribute to the theoretical debates concerning the structure, content and methodology of the law of Restitution;
- Integrate social, comparative or interdisciplinary approaches into analysis of the law of restitution
- Evaluate the relationship of the law of Restitution to other categories of the law of obligations and to Equity, synthesise knowledge, and present findings in these areas of law.
Indicative Assessment
- A compulsory research essay due mid-semester (50) [LO 1,2,3,4]
- A compulsory end of semester take-home examination (50) [LO 1,2,3,4]
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Workload
- Classes offered in non-standard sessions will be taught on an intensive base with compulsory contact hours (approximately 26 hours of face to face teaching). The course will also require advanced preparation through assigned readings. In total, it is anticipated that the hours required for completion of this course (class preparation, teaching and completion of assessment) will not exceed 120 hours.
- Classes offered during semester periods are expected to have three contact hours per week.
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Inherent Requirements
Not applicable
Requisite and Incompatibility
Prescribed Texts
Students must rely on the approved Class Summary which will be posted to the Programs and Courses site approximately two weeks prior to the commencement of the course. Alternatively, this information will be published in the Program course list when known.
Fees
Tuition fees are for the academic year indicated at the top of the page.
Commonwealth Support (CSP) Students
If you have been offered a Commonwealth supported place, your fees are set by the Australian Government for each course. At ANU 1 EFTSL is 48 units (normally 8 x 6-unit courses). More information about your student contribution amount for each course at Fees.
- Student Contribution Band:
- 34
- Unit value:
- 6 units
If you are a domestic graduate coursework student with a Domestic Tuition Fee (DTF) place or international student you will be required to pay course tuition fees (see below). Course tuition fees are indexed annually. Further information for domestic and international students about tuition and other fees can be found at Fees.
Where there is a unit range displayed for this course, not all unit options below may be available.
| Units | EFTSL |
|---|---|
| 6.00 | 0.12500 |
Course fees
- Domestic fee paying students
| Year | Fee |
|---|---|
| 2023 | $4860 |
- International fee paying students
| Year | Fee |
|---|---|
| 2023 | $6180 |
Offerings, Dates and Class Summary Links
ANU utilises MyTimetable to enable students to view the timetable for their enrolled courses, browse, then self-allocate to small teaching activities / tutorials so they can better plan their time. Find out more on the Timetable webpage.
Class summaries, if available, can be accessed by clicking on the View link for the relevant class number.
First Semester
| Class number | Class start date | Last day to enrol | Census date | Class end date | Mode Of Delivery | Class Summary |
|---|---|---|---|---|---|---|
| 4140 | 20 Feb 2023 | 27 Feb 2023 | 31 Mar 2023 | 26 May 2023 | In Person | View |
