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Exchange Information for Law Students
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LAWS3392 Unjust Enrichment and Restitution
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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.
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| Credit: 6 points Availability: non-standard teaching period Old unit code: 200.392
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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 mistaken payments, duress, failure of consideration, and available defences. Also dealt with are waiver of tort, estoppel, tracing, and restitutionary recovery of improperly acquired gains.
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, waiver of tort, estoppel, and equitable and common law tracing.
This 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. |
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Assessment: This comprises two case notes (40 per cent) and a 3000-word research essay (60 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. |
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| 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
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Unit Web Page: http://www.uwa.edu.au/page/107978 |
| Note: Some unit web pages are still under construction and will be available in 2009. |
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Text
Edelman, J. and Bant, E. Unjust Enrichment in Australia:Â OUP 2006 |
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Assistance with study skills, including English language skills,
is available free of charge from Student Services for all enrolled students
(see http://www.studysmarter.uwa.edu.au/).
Student Services location: Second Floor, South Wing, Guild Village; telephone: 6488 2423. |
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Books and other material 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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