units

LAW5606

Faculty of Law

18 September 2017 18 April 2024

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This unit entry is for students who completed this unit in 2016 only. For students planning to study the unit, please refer to the unit indexes in the the current edition of the Handbook. If you have any queries contact the managing faculty for your course or area of study.

Monash University

6 points, SCA Band 3, 0.125 EFTSL

Postgraduate - Unit

Refer to the specific census and withdrawal dates for the semester(s) in which this unit is offered.

Faculty

Law

Quota applies

The unit can be taken by a maximum of 45 students (due to limited facilities and method of teaching).

Offered

Not offered in 2016

Notes

For postgraduate Law discontinuation dates, please see http://www.monash.edu/law/current-students/postgraduate/pg-jd-discontinuation-dates
Previously coded as LAW7650

Synopsis

The unit studies Canadian, Australian, English and US case law and theory on the principle of unjust enrichment. The unit will cover:

  1. the elements of the unjust enrichment principle,
  2. the substantive areas for which it appears to be the principle underlying the granting of relief,
  3. the remedies and defences that are available, and
  4. the applicability of the unjust enrichment analysis to restitutionary claims for benefits secured through wrongdoing.

Outcomes

On completion of this unit students will be able to:

  • apply knowledge and understanding of a range of current controversies in restitution and the law of unjust enrichment with creativity and initiative to new situations in professional practice;
  • investigate, analyse and synthesise complex information, problems, concepts and theories in relation to the unjust enrichment principle and to critically evaluate the effectiveness of restitution and restitutionary remedies within the private law, including the desirability of reform;
  • conduct research into relevant domestic and international materials on contemporary restitution law issues based on knowledge of appropriate research principle and methods; and
  • use cognitive, technical and creative skills to generate and evaluate at an abstract level complex ideas and concepts relevant to the law of restitution and unjust enrichment.

Assessment

Two research assignments (3,750 words): 50% each

Workload requirements

Students enrolled in this unit will be provided with 24 contact hours of seminars per semester [in Prato they will have 36 contact hours] whether intensive, semi-intensive, or semester-long offering. Students will be expected to do reading set for class, and to undertake additional research and reading applicable to a 6 credit point unit.