The course covers aspects of the law of restitution as it has developed in Australia, England and (to a lesser extent) Canada, and considers the inter-relationship between restitution, contract, equity, and other categories of legal obligations.

The course is divided into four unequal parts.  The first section of the course considers:

• the history of restitution
• theories of restitution and the concept of unjust enrichment.

The second part of the course examines various situations where restitutionary relief may be sought including:

• mistake
• compulsion
• ineffective contracts
• restitution after breach of contract
• restitution for wrongs
• other topical issues.

The third part highlights various defences including:

• estoppel
• change of position.

The fourth part of the course examines personal and proprietary remedies for unjust enrichment.

Mid-semester exam worth 50%; and, an end of semester exam worth 50%, or an essay worth 50%.

Details of the final assessment will be provided on the course home page by the first week of semester.

LAWS1204 Contracts.
Completed or completing five LAWS courses at 1000 level.

Please refer to LAWS2254 course home page.