• Offered by ANU Law School
  • ANU College ANU College of Law
  • Course subject Laws
  • Areas of interest Law
  • Academic career PGRD
  • Course convener
    • Prof Pauline Ridge
  • Mode of delivery In Person
  • Co-taught Course
  • Offered in Second Semester 2019
    See Future Offerings

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:

1. Evaluate hypothetical problems and apply law relevant to topics covered in the course
2. Research, critically evaluate and contribute to the theoretical debates concerning the structure, content and methodology of the law of Restitution;
3. Integrate social, comparative or interdisciplinary approaches into analysis of the law of restitution
4. 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 50% compulsory research essay and 50% compulsory end of semester take-home examination.Overview of the assessment scheme
1. A compulsory research essay due mid-semester (50% of the final mark for the course);
2. A compulsory end of semester take-home examination (50% of the final mark for the course).

The ANU uses Turnitin to enhance student citation and referencing techniques, and to assess assignment submissions as a component of the University's approach to managing Academic Integrity. While the use of Turnitin is not mandatory, the ANU highly recommends Turnitin is used by both teaching staff and students. For additional information regarding Turnitin please visit the ANU Online website.

Workload

Three contact hours per week. Students are generally expected to devote at least 10 hours overall per week to this course. 

Requisite and Incompatibility

To enrol in this course you must be studying a: Master of Laws (7300XLLM, MLLM), Master of Laws specialising in International Law (7300XSINTL), Master of Laws specialising in Law, Governance and Development (7300SLGD), Master of Laws specialising in Environmental Law (7300SEVNL), Master of Laws specialising in Government and Commercial Law (7300SGCL), Master of Laws specialising in International Security Law (7300SISL), Master of Laws in Migration (NLLML), Master of Laws in International Law (NLLIL), Master of Laws in Environmental Law (NLLEN), Master of Laws in Law, Governance & Development (NLLGD), Master of Laws in International Security Law (NLLSL), Master of Laws in Government and Regulation (NLLGR), Master of Laws (Legal Practice) (7312XLLMLP), Master of Diplomacy/Master of Laws (7883SINTL), Master of Legal Practice (MLEGP), Master of International Law (7310XMINTL), Master of Environmental Law (7309XMENVL), Master of Law, Governance & Development (7317XMLGD), Master of International Security Law (7318XMISL), Master of Government and Commercial Law (7313XMGCL); OR Juris Doctor (7330XJD, 7330HJD or MJD) and have completed or be completing five 1000 or 6100 level LAWS courses; OR Juris Doctor - online (MJDOL) and have completed LAWS8712 Australian Public Law & International Law B. Students undertaking any ANU graduate program may apply for this course. Enrolments are accepted on a case-by-case basis. Please contact the ANU College of Law for permission number. You are not able to enrol in this course if you have previously completed LAWS4254 Restitution.

Fees

Tuition fees are for the academic year indicated at the top of the page.  

If you are a domestic graduate coursework or international student you will be required to pay tuition fees. Tuition fees are indexed annually. Further information for domestic and international students about tuition and other fees can be found at Fees.

Student Contribution Band:
3
Unit value:
6 units

If you are an undergraduate student and 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). You can find your student contribution amount for each course 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
Domestic fee paying students
Year Fee
2019 $3840
International fee paying students
Year Fee
2019 $5460
Note: Please note that fee information is for current year only.

Offerings and Dates

The list of offerings for future years is indicative only

Second Semester

Class number Class start date Last day to enrol Census date Class end date Mode Of Delivery Class Summary
9580 22 Jul 2019 29 Jul 2019 31 Aug 2019 25 Oct 2019 In Person N/A

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