LAW5121

Restitution 506 ( 6 points, SCA Band 3, 0.125 EFTSL)

Leader: Ms Susan Barkehall-Thomas

Offered:
Not offered in 2005.

Synopsis: 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.

Objectives: The study of case law and theory where the law recognises the underlying principle of unjust enrichment. The course will cover (1) the elements of the unjust enrichment principle, (2) the scenarios in which it is recognised, and where it is controversial, (3) the remedies and defences that are available, and (4) whether restitution is limited to unjust enrichment or is also available for wrongs.

Assessment: Written assignment (2500 words): 30% + Final examination (2 hours plus 30 minutes reading and noting time): 70% OR Final examination (3 hours plus 30 minutes reading and noting time): 100%.

Contact Hours: Three 1-hour lectures per week

Prerequisites: LAW1100 Legal Process, LAW2100 Contract

Corequisites: LAW2200 Torts OR LAW2201 Torts A and LAW2202 Torts B, LAW3400 Property OR LAW3401 Property A and LAW3402 Property B