• Offered by ANU Law School
  • ANU College ANU College of Law
  • Course subject Laws
  • Areas of interest Law
  • Academic career UGRD
  • Course convener
    • Prof Pauline Ridge
  • Mode of delivery Online or In Person
  • Co-taught Course
  • Offered in First Semester 2023
    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. Explain and apply to a complex hypothetical factual problem the law relating to selected topics taught in the course;
  2. Demonstrate an advanced and general understanding of the theoretical debates concerning the structure, content and methodology of the law of Restitution;
  3. Conduct research with some independence to critically evaluate the theoretical debates concerning the structure, content and methodology of the law of Restitution;
  4. 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.

Other Information

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.

Indicative Assessment

  1. A compulsory research essay due mid-semester (50) [LO 1,2,3,4]
  2. A compulsory end of semester take-home examination (50) [LO 1,2,3,4]

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

  • Classes offered in non-standard sessions will be taught on an intensive base with compulsory contact hours (approximately 36 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. Students are generally expected to devote at least 10 hours overall per week to this course.

Click here for the LLB Program course list

Inherent Requirements

Not applicable

Requisite and Incompatibility

To enrol in this course you must be studying a: Bachelor of Laws (ALLB) and have completed or be completing five 1000 level LAWS courses and have completed LAWS2204 Property; or Juris Doctor (MJD) and completed or be completing five 1000 or 6100 level LAWS courses and have completed LAWS2204/LAWS6204 Property. You are not able to enrol in this course if you have previously completed LAWS8454 Restitution.

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
Domestic fee paying students
Year Fee
2023 $4860
International fee paying students
Year Fee
2023 $5820
Note: Please note that fee information is for current year only.

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.

The list of offerings for future years is indicative only.
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
4139 20 Feb 2023 27 Feb 2023 31 Mar 2023 26 May 2023 In Person View

Responsible Officer: Registrar, Student Administration / Page Contact: Website Administrator / Frequently Asked Questions