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);
restitution after breach of contract;
restitution for wrongs;
property and restitution;
equity and restitution; and
other topical issues.
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 AssessmentA 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).
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WorkloadThree contact hours per week. Students are generally expected to devote at least 10 hours overall per week to this course.
Requisite and Incompatibility
Tuition fees are for the academic year indicated at the top of the page.
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- Student Contribution Band:
- 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.
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