LAWS5528 Unjust Enrichment and Restitution

6 points
Not available in 2019UWA (Perth)Face to face
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.
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.
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
for Juris Doctor studentsLAWS4101 Legal Process, LAWS4102 Criminal Law, LAWS4103 Contract, LAWS4104 Property, LAWS4106 Torts, LAWS4107 Land Law, LAWS4108 Foundations of Public Law, LAWS5106 Legal Theory and Ethics
LAWS4109 Legal Theory and Ethics
LAWS3392 Unjust Enrichment and Restitution
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.

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

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