• 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 In Person
  • Co-taught Course
  • Offered in First Semester 2021
    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 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.

Inherent Requirements

Not applicable

Requisite and Incompatibility

To enrol in this course you must be studying a: Bachelor of Laws (ALLB, BLLBA), have completed or be completing five 1000 level LAWS courses and have completed LAWS2204 Property; OR Juris Doctor (MJD), have 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 2 weeks prior to the commencement of the course.

Fees

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:
3
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.

Units EFTSL
6.00 0.12500
Note: Please note that fee information is for current year only.

Offerings, Dates and Class Summary Links

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
4287 22 Feb 2021 01 Mar 2021 31 Mar 2021 28 May 2021 Online N/A

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