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;
- restitution for wrongs;
- property and restitution;
- equity and restitution; and
- other topical issues.
Upon successful completion, students will have the knowledge and skills to:
- Explain and apply to a complex hypothetical factual problem the law relating to selected topics taught in the course;
- Demonstrate an advanced and general understanding of the theoretical debates concerning the structure, content and methodology of the law of Restitution;
- Conduct research with some independence to critically evaluate the theoretical debates concerning the structure, content and methodology of the law of Restitution;
- Demonstrate an understanding of the relationship of the law of Restitution to other categories of the law of obligations and to Equity, and to synthesise knowledge in these areas of law.
Classes may be offered in non-standard sessions and be taught on an intensive base with compulsory contact hours (a minimum of 36 hours). Please refer to the LLB timetable for dates. Please contact the ANU College of Law Student Administration Services to request a permission code to enrol in classes offered in non-standard sessions.
- 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]
In response to COVID-19: Please note that Semester 2 Class Summary information (available under the classes tab) is as up to date as possible. Changes to Class Summaries not captured by this publication will be available to enrolled students via Wattle.
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.
Classes offered during semester periods are expected to have 3 contact hours per week (a minimum of 36 hours). Students are generally expected to devote at least 10 hours overall per week to this course.
Requisite and Incompatibility
Students must rely on the approved Class Summary which will be posted to the Programs and Courses site approximately 2 weeks prior to the commencement of the course.
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:
- 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.
Offerings, Dates and Class Summary Links
Class summaries, if available, can be accessed by clicking on the View link for the relevant class number.