Note: This is an archived Handbook entry from 2010.
|Credit Points: ||12.50 |
|Level: ||7 (Graduate/Postgraduate) |
|Dates & Locations: || |
This subject has the following teaching availabilities in 2010: March, Parkville - Taught on campus.
|Pre-teaching Period Start ||not applicable |
|Teaching Period ||not applicable |
|Assessment Period End ||not applicable |
|Last date to Self-Enrol ||not applicable |
|Census Date ||not applicable |
|Last date to Withdraw without fail ||not applicable |
Timetable can be viewed here. For information about these dates, click here.
|Time Commitment: ||Contact Hours: The total class time is between 24 and 26 hours. |
Total Time Commitment: Visit the Melbourne Law Masters website for more information about this subject.
|Prerequisites: || Visit the Melbourne Law Masters website for more information about this subject. |
|Corequisites: || Visit the Melbourne Law Masters website for more information about this subject. |
|Recommended Background Knowledge: || Visit the Melbourne Law Masters website for more information about this subject. |
|Non Allowed Subjects: || Visit the Melbourne Law Masters website for more information about this subject. |
|Core Participation Requirements: ||Visit the Melbourne Law Masters website for more information about this subject. |
|Subject Overview: ||
This subject provides an analysis of the law of restitution in Australia.
Principal topics will include:
- Overview of the law of restitution, including the principles on which it is based, its nature and ambit, how it should be pleaded, its role as part of the common law of Australia and its impact on unwinding commercial transactions
- Identification of parties: Determining the breadth of what constitutes an enrichment in the hands of a defendant and how a plaintiff can establish a connection to that enrichment sufficient to found a cause of action in restitution
- Reasons for restitution: When is it unjust for a defendant, who receives an enrichment at the expense of the plaintiff, to retain that enrichment? Grounds for restitution including benefits conferred by mistake, failure of consideration, duress, undue influence and instances where the claimant has no intention to benefit the recipient. Consideration of restitutionary claims for wrongdoing, including breach of contract and breach of fiduciary duty
- Defences: Change of position, estoppel, passing on, illegality, bona fide purchase and ministerial receipt.
A student who has successfully completed this subject should:
- Understand the nature and elements of a claim in restitution, different and common situations in which such claims arise, and areas of debate
- Understand how the law of restitution sits alongside, forms part of, or cuts across contract law, construction law, insolvency, equity and trusts
- Understand how to plead a cause of action based on a claim for restitution, the availability of alternate restitutionary remedies (whether in common law or equity) and the impact of restitution law on the drafting of commercial agreements
- Understand the nature of restitution and the extent to which it is personal or proprietary claim, and how and why breach of fiduciary duty, breach of contract, a mistaken payment, failure of consideration, duress and undue influence may each give rise to a claim for restitution
- Understand the contemporary debate as to the place of unjust enrichment in the law of restitution, and in particular its development under the Mason High Court and review by the Gleeson High Court.
|Assessment: || |
Take-home examination (100%) (7-10 May)
|Prescribed Texts: ||Visit the subject website for more information |
|Breadth Options: || |
This subject is not available as a breadth subject.
|Fees Information: ||Subject EFTSL, Level, Discipline & Census Date |
|Generic Skills: ||Visit the Melbourne Law Masters website for more information about this subject. |
|Links to further information: ||http://www.masters.law.unimelb.edu.au/ |