LAW5121

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

Leader:

Offered:
Clayton First semester 2006 (Day)

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 unit 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% + Examination (2 hours writing time plus 30 minutes reading and noting time): 70% OR Examination (3 hours writing time plus 30 minutes reading and noting time): 100%.

Contact Hours: Three hours of lectures per week

Prerequisites: LAW1100 or LAW1101 and LAW1102; LAW2100 or LAW2101 and LAW2102

Corequisites: LAW2200 or LAW2201 and LAW2202, LAW3400 or LAW3401 and LAW3402