LAW4308 - Restitution - 2018

6 points, SCA Band 3, 0.125 EFTSL

Undergraduate - Unit

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

Faculty

Law

Chief examiner(s)

Prof Marilyn Pittard Researcher ProfileResearcher Profile (http://monash.edu/research/explore/en/persons/marilyn-pittard(585bd988-502f-43f7-961d-cd6344ac72d0).html)

Unit guides

Offered

Prato

  • Term 2 2018 (On-campus)

Prerequisites

For students who commenced their LLB (Hons) course in 2015 or later:

LAW1111; LAW1114; LAW1112; LAW1113; LAW2101; LAW2102; LAW2112; LAW2111

For students who commenced their LLB course prior to 2015:

LAW1100 or LAW1101 and LAW1102 or LAW1104; LAW2100 or LAW2101 and LAW2102

Co-requisites

For students who commenced their LLB course prior to 2015:

LAW2200 or LAW2201 and LAW2202, LAW3400 or LAW3401 and LAW3402

Synopsis

The unit incorporates 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
  4. whether restitution is limited to unjust enrichment or is also available for wrongs.

Outcomes

On completion of this unit students will be able to:

  • apply knowledge of a range of current controversies in restitution and the law of unjust enrichment to new situations;
  • investigate and analyse 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 and effectively communicate the results of that research;
  • formulate reasoned and appropriate responses to legal problems.

Assessment

Class participation: 10%

Written assignment (1500 words): 30%

Take-home examination (3000 words): 60%

Workload requirements

Minimum total expected workload to achieve the learning outcomes for this unit is 144 hours per semester typically comprising a mixture of scheduled learning activities and independent study. The unit requires on average three/four hours of scheduled activities per week. Scheduled activities may include a combination of teacher directed learning, peer directed learning and online engagement.

See also Unit timetable information