Handbook 1996 : Faculty of Law (Volume 3 page 225)
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Optional Law subject.
Prerequisite: Torts and the Process of Law; History and Philosophy of Law.
Contact: 2 hours per week
Timetable: First semester
Objectives:
Students completing this subject should: know the general principles of the law of restitution and its potential for development; understand the relationship between restitution and the traditional areas of private law study: contract, tort, property and equity; have examined the special contribution made by Australian courts to the development of restitution; understand the importance of studying the subject within a comparative framework, and have explored developments in both common law and non-common law jurisdictions in this area.
Content:
Introduction: the history and basic concepts of restitution. The meaning of 'unjust', and the different forms of enrichment (money, goods and services) recognised by the law. The family home: a special study of the use of the concept of unjust enrichment in matrimonial home disputes, and the relevance of these disputes to the general law of restitution. Mistake: recovery of money paid under mistake, and restitution in respect of services rendered under a mistake. Compulsion: restitution of benefits conferred under actual or threatened pressure, including economic duress. Restitution from government and public authorities. Restitution in cases of necessity. The role of agency of necessity. Restitution for benefits conferred under ineffective contractual or proprietary transactions. The role of free acceptance and failure of consideration. Restitution for wrongs including waiver of tort. Defences to restitutionary claims, including change of position and estoppel. Restitutionary remedies, with special reference to the role of proprietary remedies in restitution.
Assessment:
Either Research Assignment 4,000 words (40 per cent) and Final Exam 2 hours (60 per cent); or Final Exam 3 hours (100 per cent).
Prescribed texts:
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Handbook 1996 : Faculty of Law (Volume 3 page 225)
Status: Official 1996 Date created: Oct 9 1995 Last modified: Oct 9 1995 Authorised by: Academic Registrar Email enquiries: Course_Information@registrar.unimelb.edu.au
Maintained by: Faculty of Law.
Copyright © University of Melbourne 1995,1996.