LAWS6717 Unjust Enrichment and Restitution
- 6 points
Availability Location Mode Not available in 2020 UWA (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 (1) demonstrate how restitutionary rights arise in unjust enrichment and how restitutionary rights are affected by defences; (2) integrate knowledge of property, torts, trusts and equity to identify any inconsistencies in the cases concerning unjust enrichment; and (3) conduct independent research on unjust enrichment and restitution issues.
- Students demonstrate achievement of the outcomes in a variety of assessment methods which may include 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
- LAWS3392 Unjust Enrichment and Restitution
- Contact hours
- offered intensively
- Students must attend every day of the intensive period.
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 via the Booktopia Textbook Finder, which has the functionality to search by course code, course, ISBN and title, and may also be posted or available at the appropriate school's administrative offices. Where texts are listed in the unit description above, an asterisk (*) indicates that the book is available in paperback.