LAW5121

Restitution 506

Dr J Glover

Not offered in 1999

6 points - Three 1-hour lectures per week - Clayton - Prerequisite: LAW2100 - Corequisites: LAW2200 and LAW3400

Objectives Students who successfully complete this subject should have (1) been introduced to unities in the private law where it deals with the retention of moneys or benefits which it is against conscience to keep; (2) acquired an overview of legal and equitable remedies which embody a 'restitutionary' response: the revindication of money and other benefits unjustly retained; (3) acquired an understanding of Australian law in the principal areas where the restitutionary response has been applied; (4) considered the content and operation of the unjust enrichment doctrine; (5) compared and assessed the language of unjust enrichment with traditional language used to express what the law is doing in restitutionary areas; and (6) speculated on possibly wider applications of the unjust enrichment idea and what part it should play in our jurisprudence.

Synopsis Restitution includes the study of mistake; exploitation; legal compulsion; necessity; vitiated exchanges; liability of public authorities; wrongful acts and defences of change of position, estoppel, passing-on, bona fide purchase, illegality and incapacity.

Assessment Written research assignment (2500-3000 words), class test (50 minutes) and final examination (3.5 hours): 25%, 15% and 60% respectively - or research essay and final examination: 30% and 70% respectively

Texts

Burrows A Law of restitution 1993

Back to the 1999 Law Handbook