730-321 Restitution

Credit Points

12.5

HECS Band

3

Coordinator

Professor M Bryan

Prerequisites

Torts and the Process of Law; History and Philosophy of Law I and II; Contracts.

Semester

2 (view timetable)

Contact

3 hours per week

Subject Description

This course provides an analysis of the law of unjust enrichment in Australian law. Students will examine the various unjust factors recognised by courts or discussed by theorists, such as mistake, compulsion and failure of consideration. The various forms of enrichment will be studied and the differences between restitution for money and restitution for services explored. Defences to restitutionary claims and restitutionary remedies, both personal and proprietary, will also be covered.

Note: The essay in this subject is regarded as a substantial piece of legal writing for honours purposes.

Assessment

Either an optional research essay 5000 words (50%) and exam 2 hours (50%); OR final exam 3 hours (100%).

Prescribed Texts

  • Sharon Erbacher, Restitution: Text, Cases and Materials. Cavendish Publishing.


Status:                   Official 2002
Last Modified:            Tuesday May 07 22:11
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Email Enquiries:          Course_Information@registrar.unimelb.edu.au

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