There are now 3 possible online modes for units:
Units with modes Online timetabled and Online flexible are available for any student to self-enrol and study online.
Units available in Online Restricted mode have been adapted for online study only for those students who require the unit to complete their studies and who are unable to attend campus owing to exceptional circumstances beyond their control. To be enrolled in a unit in Online Restricted mode, students should contact their Student Advising Office through askUWA
Click on an offering mode for more details.
Face to face
Predominantly face-to-face. On campus attendance required to complete this unit. May have accompanying resources online.
100% Online Unit. NO campus face-to-face attendance is required to complete this unit. All study requirements are online only. Unit is asynchronous delivery, with NO requirement for students to participate online at specific times.
100% Online Unit. NO campus face-to-face attendance is required to complete this unit. All study requirements are online only. Unit includes some synchronous components, with a requirement for students to participate online at specific times.
Not available for self-enrolment. Students access this mode by contacting their student office through AskUWA. 100% Online Unit.
NO campus face-to-face attendance. All study and assessment requirements are online only. Unit includes some timetabled activities, with a requirement for students to participate online at specific times. In exceptional cases (noted in the Handbook) students may be required to participate in face-to-face laboratory classes when a return to UWA’s Crawley campus becomes possible in order to be awarded a final grade.
No attendance or regular contact is required, and all study requirements are completed either via correspondence and/or online submission.
Regular attendance is not required, but student attends the institution face to face on an agreed schedule for purposes of supervision and/or instruction.
Multiple modes of delivery. Unit includes a mix of online and on-campus study requirements. On campus attendance for some activities is required to complete this unit.
LAWS6717 Unjust Enrichment and Restitution
- 6 points
Availability Location Mode Not available in 2022 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.
For units commencing in May 2022 or later the availability of the supplementary assessment is subject to confirmation.Student may be offered supplementary assessment in this unit if they meet the eligibility criteria.
Except where supplementary assessment is not available in a unit, it will be offered to students in all units who:
- Are in good academic standing overall;
- Have passed over half the units taken in the teaching period concerned, except where they are only enrolled in two or less units in the period;
- Have submitted all assessment items in the unit;
- Have achieved a mark between 45 and 49 for the unit overall, or the same mark in any failed component item in the unit; and
- No finding of academic misconduct has been made against them in the unit concerned.
Additionally student may apply for supplementary assessment in any unit which is the final unit required for graduation in there course and where they have achieved a mark between 45 and 49 for the unit overall, or the same mark in any failed component item in the 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.
- Unit readings, including any essential textbooks, are listed in the unit outline for each unit, one week prior the commencement of study. The unit outline will be available via the LMS and the UWA Handbook one week prior the commencement of study. Reading lists and essential textbooks are subject to change each semester. Information on essential textbooks will also be made available on the Essential Textbooks. This website is updated regularly in the lead up to semester so content may change. It is recommended that students purchase essential textbooks for convenience due to the frequency with which they will be required during the unit. A limited number of textbooks will be made available from the Library in print and will also be made available online wherever possible. Essential textbooks can be purchased from the commercial vendors to secure the best deal. The Student Guild can provide assistance on where to purchase books if required. Books can be purchased second hand at the Guild Secondhand bookshop (second floor, Guild Village), which is located on campus.