LAW5606 - Restitution - 2017

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.

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.

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

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.