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ANU Law School · ANU College of Law, Governance and Policy
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; and - 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 enrichment claim); - ineffective contracts; - restitution after breach of contract; - compulsion; - restitution for wrongs; - property and restitution; - equity and restitution; and - other topical issues. To develop their knowledge and skills, students will engage in a range of learning activities, including seminars involving interactive lectures, group discussion, small group exercises and legal problem-solving skills training.
The proposed means of assessment for this course will provide students with at least two pieces of assessment, including one piece during the teaching period. More information about the means of assessment, including the relationship between the assessment and the learning outcomes of the course, will be available in the class summary and on the course WATTLE page.
Learning outcomes 1, 2, 3, 4
- Classes offered in non-standard sessions will be taught semi-intensively with compulsory contact hours of approximately 36 hours of face to face teaching. The course will also require advanced preparation through assigned readings. In total, it is anticipated that the hours required for completion of this course (class preparation, teaching and completion of assessment) will not exceed 120 hours. - Classes offered during semester periods are expected to have three contact hours per week. Students are generally expected to devote at least 10 hours overall per week to this course. In total, it is anticipated that the hours required for completion of this course (class preparation, teaching and completion of assessment) will not exceed 120 hours Click here for the LLB Program course list
Students must rely on the approved Class Summary which will be posted to the Programs and Courses site approximately two weeks prior to the commencement of the course. Alternatively, this information will be published in the Program course list when known. Preliminary Reading Students must rely on the approved Class Summary which will be posted to the Programs and Courses site approximately two weeks prior to the commencement of the course.