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 considers the relevant law from three perspectives: historical, conceptual and doctrinal.  It provides a useful overview of the private law of obligations and property.  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 (including its role as the paradigm unjust enrighment claim)
• ineffective contracts
• restitution after breach of contract
• compulsion
• restitution for wrongs
• property and restitution
• equity and restitution
• other topical issues

A student who has satisfactorily completed Restitution should be equipped with a broad knowledge of the law of Restitution, its theoretical foundations and debates, its purposes and relationship with other legal categories, and the scope and availability of its remedies.

Mid-semester exam worth 50 per cent; and, an end of semester exam worth 50 per cent, or an essay worth 50 per cent.  In addition, there will be a mark deduction for non-attendance at several seminars and assessment of seminar participation.

LAWS1204 Contracts

Completed or completing five LAWS courses at 1000 level.

Please refer to the course home page or Wattle.