| Credit |
6 points |
| Availability |
non-standard teaching period (see Timetable) |
| Old unit code |
200.392 |
| Outcomes |
In their case notes, students are expected to demonstrate one or both of the following learning outcomes: (1) how restitutionary rights arise in unjust enrichment/ how restitutionary rights are affected by defences; and/or (2) integrate their knowledge of property, torts, trusts and equity to identify any inconsistencies in the cases concerning unjust enrichment.
In their research papers, students are expected to demonstrate the ability to conduct independent research on unjust enrichment and restitution issues. |
| Content |
The law of unjust enrichment has until recently been the forgotten area of private law or the law of obligations. It is now firmly entrenched as the third fundamental area of the law of obligations, along with contract and tort.
This unit focuses on several areas of the law of unjust enrichment including the requirements of enrichment and ‘at the expense of’, unjust factors such as mistake, undue influence, duress, failure of consideration and ‘ignorance’. The primary defences to this category of claim and its future development in Australian law are also considered.
Key areas of the law that are unclear when considered other than in the context of the law of unjust enrichment are also dealt with, for example, unconscionability, estoppel, ‘knowing receipt’ claims and property-based torts.
The unit also examines the law of restitution, the gains-based remedy for actions in unjust enrichment and an under-appreciated additional remedy available to other causes of action, such as wrongs. |
| Assessment |
This comprises a 1200-word case note (25 per cent) and three 1500-word research essays (75 per cent).
Supplementary assessment is not available in this unit except in the case of a bachelor's pass degree student who has obtained a mark of 45 to 49 and is currently enrolled in this unit, and it is the only remaining unit that the student must pass in order to complete their course. |
| Unit Co-ordinator(s) |
Elise Bant |
| Location |
UWA (Crawley) |
| Mode |
on-campus |
| Unit Rules |
| Prerequisites: LAWS1130 Legal Process |
| Advisable prior study: LAWS2202 Equity |
Contact hours—offered intensively (15–19 February plus two Saturdays in March)
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| Unit web page |
http://www.law.uwa.edu.au/117285
[Some unit web pages are still under construction and will be available in 2010.]
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| Text | |
Edelman, J. and Bant, E. Unjust Enrichment in Australia: OUP 2006 |
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- The availability of units in Semester 1, 2, etc. was correct at the time of going to press but may be subject to change.
- Assistance with study skills, including English language skills, is available free of charge from Student Services for all enrolled students (see http://www.studentservices.uwa.edu.au/ss/learning). Student Services location: Second Floor, South Wing, Guild Village; telephone: 6488 2423.
- Books and other materials wherever listed may be subject to change. Book lists relating to 'Preliminary Reading', 'Recommended Reading' and 'Textbooks' are, in most cases, available at the University Co-operative Bookshop (from early January) and appropriate administrative offices for students to consult. For first-year units the Bookshop will endeavour to make available photocopies of book lists for individual units. Books marked with an asterisk (*) are available in paperback.
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