Note: This is an archived Handbook entry from 2016.
|Dates & Locations:|| |
This subject has the following teaching availabilities in 2016:February, Parkville - Taught on campus.
This subject has a quota of 60 students. Please refer to the Melbourne Law JD website for further information about subject quotas.
Timetable can be viewed here. For information about these dates, click here.
|Time Commitment:||Contact Hours: 36 hours |
Total Time Commitment:
Successful completion of all the below subjects:
Study Period Commencement:
November, Semester 2
|Recommended Background Knowledge:||None|
|Non Allowed Subjects:||None|
|Core Participation Requirements:||
The Melbourne Law School welcomes applications from students with disabilities. It is University and Law School policy to take all reasonable steps to enable the participation of students with disabilities, and reasonable adjustments will be made to enhance a student's participation in the School's programs.
The inherent academic requirements for the study in the Melbourne Law School are:
Students must possess behavioural and social attributes that enable them to participate in a complex learning environment. Students are required to take responsibility for their own participation and learning. They also contribute to the learning of other students in collaborative learning environments, demonstrating interpersonal skills and an understanding of the needs of other students. Assessment may include the outcomes of tasks completed in collaboration with other students.
Students who feel their disability will inhibit them from meeting these inherent academic requirements are encouraged to contact Student Equity and Disability Support.
CoordinatorProf Elise Bant
This subject introduces students to the capstone private law discipline of unjust enrichment and restitution law. Unjust enrichment constitutes a critically important but largely misunderstood source of private law obligation in Australia. Likewise, restitution as a gain-based remedy is all too often confused with other forms of relief, or omitted from the armoury of applicable remedies out of ignorance. This course will enable students to develop a specialist understanding of the law of unjust enrichment and restitution and in so doing, enable them to obtain an advanced and integrated command of the private law as a whole. Although the primary focus is on the Australian law, the discipline is necessarily comparative, drawing upon the law of many comparative common law and civilian jurisdictions. The subject develops and integrates legal knowledge from across many sub-disciplinary fields (e.g. contracts, torts, property and trusts), engages with a variety of sources of legal obligation (common law, equitable and statutory) and utilises both doctrinal and jurisprudential modes of legal reasoning to build an understanding of the complex interactions that define the law of unjust enrichment and restitution. The course involves a critical examination of the historical and substantive development of a law of unjust enrichment, its development and disintegration under the stewardship of successive Australian High Courts, its role in the private law as the third dominant source of private law obligations, its elements and defences, personal and proprietary remedies and the forensic, theoretical and practical advantages and disadvantages of unjust enrichment and restitution jurisprudence.
A student who has successfully completed this subject will have:
An advanced and integrated understanding of the Australian private law as a whole and in particular:
An advanced capacity to compare and critically analyse the legal framework applicable to unjust enrichment and restitution law across Australian and overseas jurisdictions, as relevant, and to consider recommendations for judicial and legislative reform of aspects of the Australian approaches in light of those comparisons;
A sophisticated appreciation of, and ability to engage in, the complex theoretical, policy-based and practical debates taking place domestically and internationally in relation to unjust enrichment law, including:
Specialised skills in self-directed legal research and in the autonomous and creative production of legal writing that is thoroughly researched, tightly edited and that develops arguments in a highly structured, supported and referenced way, with a high degree of original content;
Sophisticated communication skills that enable them to link, integrate and convey complex legal principles, theories and frameworks concerning unjust enrichment law and its relationship to the private law as a whole to expert and non-expert legal audiences.
The due date of the above assessment will be available to students via the LMS.
|Prescribed Texts:|| |
J Edelman and E Bant, Unjust Enrichment in Australia (latest edition)
|Breadth Options:|| |
This subject is not available as a breadth subject.
|Fees Information:||Subject EFTSL, Level, Discipline & Census Date|
On completion of the subject, students should have developed their skills in the following areas:
Juris Doctor |
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