- Class Number 4162
- Term Code 3030
- Class Info
- Unit Value 6 units
- Mode of Delivery In Person
- Prof Pauline Ridge
- Class Dates
- Class Start Date 24/02/2020
- Class End Date 05/06/2020
- Census Date 08/05/2020
- Last Date to Enrol 02/03/2020
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.
Pauline Ridge researches in equity, restitution and contract law. Her research in these areas informs the teaching of this course.
There is no prescribed text book. The Course Reading Guide/E Brick (access via WATTLE) provides links to the prescribed readings.
Kit Barker and Ross Grantham, Unjust Enrichment (LexisNexis Butterworths, 2nd ed, 2018) contains helpful extracts of many of the primary and secondary sources referred to in the course. An online version is held by the Law Library.
Students will be given feedback in the following forms in this course:
- written comments on assessment
- verbal comments in class and in student consultations
- feedback to whole class.
ANU is committed to the demonstration of educational excellence and regularly seeks feedback from students. Students are encouraged to offer feedback directly to their Course Convener or through their College and Course representatives (if applicable). The feedback given in these surveys is anonymous and provides the Colleges, University Education Committee and Academic Board with opportunities to recognise excellent teaching, and opportunities for improvement. The Surveys and Evaluation website provides more information on student surveys at ANU and reports on the feedback provided on ANU courses.
Extensions late submission and penalties - https://law.anu.edu.au/current-students/policies-procedures/extensions-late-submission-and-penalties
Penalties for excess word length: https://law.anu.edu.au/current-students/policies-procedures/word-length-and-excess-word-penalties
Distribution of Grades Policy: Effective from Winter Session and Second Semester 2018 (and until further notice), the interim scaling guideline applies to all courses in the LLB (Hons) and JD programs. Please see: https://law.anu.edu.au/current-students/policies-procedures/grading
Further Information about the Course: is available from the course WATTLE page. Students are required to access the WATTLE site regularly throughout the course for details on weekly classes and any announcements relating to the course.
|Week/Session||Summary of Activities||Assessment|
|1||Introduction to Restitution Law|
|2||The Mistaken Payment Claim||In-class assessment task|
|3||Defences||In-class assessment task|
|6||Legal Problem-Solving Skills Workshop|
|7||Unjust Enrichment Theory||In-class assessment task|
|8||Equity and Restitution|
|9||Equity and Restitution||In-class assessment task|
|10||Ineffective Contracts; Essay Writing Workshop|
|11||Ineffective Contracts||In-class assessment task|
|12||Necessitous Intervention||In-class assessment task|
|Assessment task||Value||Due Date||Return of assessment||Learning Outcomes|
|In-Class Assessment Tasks||20 %||*||*||1,2,4|
|Take Home Exam||30 %||24/04/2020||18/05/2020||1, 4|
|Research Essay||50 %||17/06/2020||09/07/2020||2,3,4|
* If the Due Date and Return of Assessment date are blank, see the Assessment Tab for specific Assessment Task details
ANU has educational policies, procedures and guidelines, which are designed to ensure that staff and students are aware of the University’s academic standards, and implement them. Students are expected to have read the Academic Misconduct Rule before the commencement of their course. Other key policies and guidelines include:
The ANU is using 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. For additional information regarding Turnitin please visit the ANU Online website. In rare cases where online submission using Turnitin software is not technically possible; or where not using Turnitin software has been justified by the Course Convener and approved by the Associate Dean (Education) on the basis of the teaching model being employed; students shall submit assessment online via ‘Wattle’ outside of Turnitin, or failing that in hard copy, or through a combination of submission methods as approved by the Associate Dean (Education). The submission method is detailed below.
Moderation of Assessment
Marks that are allocated during Semester are to be considered provisional until formalised by the College examiners meeting at the end of each Semester. If appropriate, some moderation of marks might be applied prior to final results being released.
The workload expectation for each six-unit course at the ANU is 10 hours per week
Assessment Task 1
Learning Outcomes: 1,2,4
In-Class Assessment Tasks
Brief Details: at least four in-class online assessment tasks (including at least three of the tasks set in Weeks 7, 9, 11 and 12) must be attempted from a choice of six assessment tasks (made available in class in Weeks 2, 3, 7, 9, 11 and 12). The in-class assessment tasks will comprise a mix of true/false quizzes, short answer questions and learning reflections. They will assess understanding of the taught content and set readings for the classes in which they occur. There will be the opportunity for collaboration in relation to some tasks. The overall mark for this component of the course assessment will be calculated using your four best marks.
Nature of Task: compulsory. If a task is not submitted, a mark of 0 will be awared.
Release: Weeks 2, 3, 7, 9, 11 and 12 during the face to face class.
Due date: at the end of the respective class.
Estimated return date: within two weeks of the respective class. It is expected that most in-class assessment tasks will be marked immediately.
- accuracy of understanding of relevant law;
- where applicable, accurate application of law to a factual scenario, including a reasoned conclusion;
- where applicable, clarity and persuasiveness of critical evaluation of relevant law;
- where applicable, evidence and depth of self-reflection on learning.
Assessment Task 2
Learning Outcomes: 1, 4
Take Home Exam
Brief Details: This is a problem-based exam with two questions. Exam answers should demonstrate an understanding of the doctrinal material covered in the course in Weeks 2-6 of the semester (Mistake and Defences, Coercion). This is not a research-based assessment task and no research beyond course content should be undertaken.
Nature of Task: The exam is compulsory and non-redeemable. Non completion of this task will result in a mark of 0 for the task.
Word limit: 1,500 words.
Release: 12 noon Friday, 24 April 2020 via WATTLE.
Due date: 1.30pm Friday, 24 April 2020 via Turnitin on WATTLE. Late submission is not permitted.
Estimated return date: on or before Monday, 18 May 2020.
- Analyse the facts of a hypothetical problem and identify the relevant legal issues;
- Accurately and concisely summarise the relevant law as taught in this course, providing relevant authority (including material from non-Australian jurisdictions where appropriate) in support;
- Formulate legal arguments relevant to the resolution of the legal issues drawing by analogy from cases covered in the course where relevant and appropriate;
- Come to a reasoned conclusion as to the likely resolution of the problem.
- Assignment answers will also be assessed on the quality of the written expression, structure and compliance with the conventions of spelling and grammar. The short time period in which the assignment must be completed will be taken into account.
Assessment Task 3
Learning Outcomes: 2,3,4
Brief Details: The essay should demonstrate the ability to carry out substantial research (beyond the course materials) and present a well-reasoned legal argument.
Nature of Task: Compulsory and non-redeemable. Non completion of this task will result in a mark of 0 for the task.
Word limit: 2,000 words. Do not include the bibliography in the word count.
Release: Essay questions will be available on the WATTLE course page by 5pm on Friday, 7 March (Week 2 of semester).
Due date: 5pm on Wednesday, 17 June 2020 via Turnitin. Late submissions (without an extension) are permitted, although late penalties will apply.
Estimated return date: On release of final course results.
- Independent Research: extent (an appropriate range of primary and secondary sources that are relevant to the topic), depth and appropriateness.
- Response to question: cogency, breadth, depth, coherence, engagement with the issues posed by the topic, independence, understanding and interpretation of the sources. The essay should be presented as a logical argument which addresses all the issues relevant to the question asked.
- Structure: essays should be well structured and appropriate headings should be used to break up the text and enhance the flow of reasoning. The essay must include a brief introduction and an appropriate conclusion.
- Written expression: fluency, intelligibility, compliance with conventions of spelling and grammar.
- Citation and referencing: adequacy, accuracy and consistency.
Academic integrity is a core part of the ANU culture as a community of scholars. At its heart, academic integrity is about behaving ethically, committing to honest and responsible scholarly practice and upholding these values with respect and fairness.
The ANU commits to assisting all members of our community to understand how to engage in academic work in ways that are consistent with, and actively support academic integrity. The ANU expects staff and students to be familiar with the academic integrity principle and Academic Misconduct Rule, uphold high standards of academic integrity and act ethically and honestly, to ensure the quality and value of the qualification that you will graduate with.
The Academic Misconduct Rule is in place to promote academic integrity and manage academic misconduct. Very minor breaches of the academic integrity principle may result in a reduction of marks of up to 10% of the total marks available for the assessment. The ANU offers a number of online and in person services to assist students with their assignments, examinations, and other learning activities. Visit the Academic Skills website for more information about academic integrity, your responsibilities and for assistance with your assignments, writing skills and study.
You will be required to electronically sign a declaration as part of the submission of your assignment. Please keep a copy of the assignment for your records. Unless an exemption has been approved by the Associate Dean (Education) submission must be through Turnitin.
For some forms of assessment (hand written assignments, art works, laboratory notes, etc.) hard copy submission is appropriate when approved by the Associate Dean (Education). Hard copy submissions must utilise the Assignment Cover Sheet. Please keep a copy of tasks completed for your records.
Individual assessment tasks may or may not allow for late submission. Policy regarding late submission is detailed below:
- Late submission not permitted. If submission of assessment tasks without an extension after the due date is not permitted, a mark of 0 will be awarded.
- Late submission permitted. Late submission of assessment tasks without an extension are penalised at the rate of 5% of the possible marks available per working day or part thereof. Late submission of assessment tasks is not accepted after 10 working days after the due date, or on or after the date specified in the course outline for the return of the assessment item. Late submission is not accepted for take-home examinations.
Accepted academic practice for referencing sources that you use in presentations can be found via the links on the Wattle site, under the file named “ANU and College Policies, Program Information, Student Support Services and Assessment”. Alternatively, you can seek help through the Students Learning Development website.
Extensions and Penalties
Extensions and late submission of assessment pieces are covered by the Student Assessment (Coursework) Policy and Procedure. Extensions may be granted for assessment pieces that are not examinations or take-home examinations. If you need an extension, you must request an extension in writing on or before the due date. If you have documented and appropriate medical evidence that demonstrates you were not able to request an extension on or before the due date, you may be able to request it after the due date.
Distribution of grades policy
Academic Quality Assurance Committee monitors the performance of students, including attrition, further study and employment rates and grade distribution, and College reports on quality assurance processes for assessment activities, including alignment with national and international disciplinary and interdisciplinary standards, as well as qualification type learning outcomes.
Since first semester 1994, ANU uses a grading scale for all courses. This grading scale is used by all academic areas of the University.
Support for students
The University offers students support through several different services. You may contact the services listed below directly or seek advice from your Course Convener, Student Administrators, or your College and Course representatives (if applicable).
- ANU Health, safety & wellbeing for medical services, counselling, mental health and spiritual support
- ANU Diversity and inclusion for students with a disability or ongoing or chronic illness
- ANU Dean of Students for confidential, impartial advice and help to resolve problems between students and the academic or administrative areas of the University
- ANU Academic Skills and Learning Centre supports you make your own decisions about how you learn and manage your workload.
- ANU Counselling Centre promotes, supports and enhances mental health and wellbeing within the University student community.
- ANUSA supports and represents undergraduate and ANU College students
- PARSA supports and represents postgraduate and research students
Pauline Ridge researches in equity, restitution and contract law. Her research in these areas informs the teaching of this course. She also researches on the interaction of private law and religion, particularly in relation to religious charity law, the right to freedom of religion, and the regulation of religious financing. A list of Pauline’s publications can be accessed at http://law.anu.edu.au/staff/pauline-ridge.
Prof Pauline Ridge