UWA Handbook 2017

Unit details

LAWS5528 Unjust Enrichment and Restitution

Credit 6 points
  Offering
(see Timetable)
AvailabilityLocationMode
Not available in 2017UWA (Perth)Face to face
Content The law of unjust enrichment has until recently been the forgotten area of private law or the law of obligations. It is now firmly entrenched as the third fundamental area of the law of obligations, along with contract and tort. This unit focuses on several areas of the law of unjust enrichment including mistaken payments, duress, failure of consideration and available defences. Also dealt with are waiver of tort, estoppel, tracing and restitutionary recovery of improperly acquired gains. Key areas of the law that are unclear when considered other than in the context of the law of unjust enrichment are also dealt with, for example, unconscionability, waiver of tort, estoppel, and equitable and common law tracing. The unit also examines the law of restitution, the gains based remedy for actions in unjust enrichment and an under appreciated additional remedy available to other causes of action such as wrongs.
Outcomes Students are able to demonstrate an understanding of (1) how restitutionary rights arise in unjust enrichment and how restitutionary rights are affected by defences; and (2) the integration of knowledge of property, torts, trusts and equity and identification of any inconsistencies in the cases concerning unjust enrichment.
Assessment Students demonstrate achievement of the outcomes in a variety of assessment methods including a case note and research essays. Details of assessment are advised in the unit outline.

Supplementary assessment is not available in this unit.
Unit rules
Prerequisites: for Juris Doctor students: LAWS4101 Legal Process, LAWS4102 Criminal Law, LAWS4103 Contract, LAWS4104 Property, LAWS4106 Torts, LAWS4107 Land Law, LAWS4108 Foundations of Public Law, LAWS5106 Legal Theory and Ethics
Incompatibility: LAWS3392 Unjust Enrichment and Restitution
Contact hours offered intensively
Note Teaching dates for this unit are as follows: 6–7 and 13–14 August 2016. Please refer to the timetable website for session times and venues. Attendance at all sessions is mandatory.
Texts

Edelman, J. and Bant, E. Unjust Enrichment in Australia: OUP 2006


  • The availability of units in Semester 1, 2, etc. was correct at the time of publication but may be subject to change.
  • All students are responsible for identifying when they need assistance to improve their academic learning, research, English language and numeracy skills; seeking out the services and resources available to help them; and applying what they learn. Students are encouraged to register for free online support through GETSmart; to help themselves to the extensive range of resources on UWA's STUDYSmarter website; and to participate in WRITESmart and (ma+hs)Smart drop-ins and workshops.
  • Books and other material wherever listed may be subject to change. Book lists relating to 'Preliminary reading', 'Recommended reading' and 'Textbooks' are, in most cases, available at the University Co-operative Bookshop (from early January) and appropriate administrative offices for students to consult. Where texts are listed in the unit description above, an asterisk (*) indicates that the book is available in paperback.