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:
- Evaluate hypothetical problems and apply law relevant to topics covered in the course
- Research, critically evaluate and contribute to the theoretical debates concerning the structure, content and methodology of the law of Restitution;
- Integrate social, comparative or interdisciplinary approaches into analysis of the law of restitution
- 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.
- 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]
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- Classes offered in non-standard sessions will be taught on an intensive base with compulsory contact hours (approximately 26 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.
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Requisite and Incompatibility
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.
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:
- 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.
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Offerings, Dates and Class Summary Links
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