Outline

Overview

Students who enjoyed studying other private law subjects will enjoy this unit. The central question considered is when the law allows one party to recover (the value of) benefits obtained by another. Despite the relative simplicity of this core concern, students will see that it raises a myriad of difficult, interesting and often unresolved questions. Perhaps the most fundamental of these questions is whether there is a unified law of restitution (or 'unjust enrichment') at all, or whether the subject merely brings together number of distinct, and only superficially related, claims. The unity of the law of 'restitution' for 'unjust enrichment' is now generally accepted in England, albeit that this is a relatively recent phenomenon. By contrast, the High Court of Australia has been more cautious in unifying the historically disparate restitutionary claims, upon which the modern law is based. While the focus will be on understanding precisely when the recovery of (the value of) benefits is possible under Australian law, a key underlying question explored is whether the Australian or English approach to the subject is preferable. Each week students are expected to read textbook chapters, cases, and articles by way of preparation for discussion in seminars.

Unit details and rules

Academic unit	Law
Credit points	6
Prerequisites ?	LAWS1012 and LAWS1015 and LAWS1017 and LAWS2012
Corequisites ?	LAWS2015
Prohibitions ?	LAWS5221
Assumed knowledge ?	None
Available to study abroad and exchange students	Yes

Teaching staff

Coordinator	David Winterton, david.winterton@sydney.edu.au
Lecturer(s)	David Winterton, david.winterton@sydney.edu.au

Type	Description	Weight	Due	Length
Final exam (Take-home short release)	Final take-home exam [Option 2] Final 2hr (+30 mins reading time) take-home exam	0%	Formal exam period	2 hours
Outcomes assessed:
Participation	Structured Class participation Class participation around weekly readings & questions set before class.	0%	Ongoing	Ongoing
Outcomes assessed:
Assignment	Mid-semester assignment Assignment	0%	Week 08 Due date: 08 Oct 2021 at 16:00 Closing date: 22 Oct 2021	1500 words
Outcomes assessed:
Assignment	Outline for final research essay Outline for those writing optional essay and wishing to devise own topic	0%	Week 09 Due date: 11 Oct 2021 at 10:00	250 words
Outcomes assessed:
Assignment	Final Research Essay [Option 1] Research Essay	0%	Week 13 Due date: 14 Nov 2021 at 11:59 Closing date: 03 Dec 2021	4000 words
Outcomes assessed:
= Type D final exam ?

Assessment summary

Structured Class participation (10%): Students are required to get acquainted with readings set for any particular class in advance of the class. Students will be assessed on the quality, rather than quantity, of their contributions. What is principally sought are constructive, insightful remarks (including thoughtful questions) provided consistently throughout the semester, which contribute positively towards class discussion.

Mid-semester assignment (30%):

Students must answer one of three essay questions. These will be released on Wednesday, 22 September 2021 at 9:00 and the assignment is due on Friday, 8 October 2021 at 16:00. The maximum word length is 1500 words.

For the remaining 60%, students have the choice of a research essay or a final exam.

Final assessment option 1: Research essay (60%): The research essay requires students to answer one of a choice of ten research essay questions, which will be released on Wednesday, 1 September, 2021 at 9:00. This assignment is due on Sunday, 14 November 2021 at 23:59 and has a maximum word length of 4000 words.

If students wish to design their own essay topic, this topic must first be submitted to the convenor by Monday, 11 October 2021 at 10:00 in the form of a 250-word outline for prior approval and before they begin working on their essay.

Research essay outline (0%): For those students who are writing the optional essay, and wish to devise their own topic, a precondition is the submission for prior approval of a 250-word outline to the convenor by Monday, 11 October 2021 at 10:00. This is non-assessable.

Final assessment option 2: Final take-home exam (60%): The final take-home exam will be of 2 hours duration with an additional 30 minutes’ reading time and will be scheduled during the exam period. Students will be required to answer two of a choice of ten essay questions. The word limit will be 3000 words.

For some special consideration applications, students may have to complete an alternative assessment.

IMPORTANT NOTE: A student must make a genuine attempt at all assessment tasks set out in this Unit of Study in order to obtain a Pass mark and grade (or above); otherwise, an Absent Fail grade will be recorded as the student’s result for this Unit of Study.

Assessment criteria

The University awards common result grades, set out in the Coursework Policy 2014 (Schedule 1).

As a general guide, a high distinction indicates work of an exceptional standard, a distinction a very high standard, a credit a good standard, and a pass an acceptable standard.

Result name	Mark range	Description
High distinction	85 - 100	• Completely answers the question. • Contains striking originality of approach or analysis. • Demonstrates exhaustive or innovative research (where independent research required). • Exceptionally well written, structured and expressed. • Is otherwise exceptional in some way.
Distinction	75 - 84	• Completely answers the question. • Achieves a critical and evaluative approach to the issues. • Content and structure is well organised in support of the argument. • Demonstrates extensive research and analysis to support a well-documented argument. • Generally well expressed and free from errors. • Has a clear structure and is well articulated.
Credit	65 - 74	• Covers main issues fairly well in answering the question. • Contains no significant errors • Demonstrates an attempted critical approach to the issues. • Demonstrates reasonably sound research and analysis in addressing the key issues. • Has a clear structure and reasonably clear expression.
Pass	50 - 64	• Identifies the key issues, but does not follow through with a reasoned argument. • Contains some significant errors. • Displays satisfactory engagement with the key issues. • Offers descriptive summary of material relevant to the question. • Superficial use of material, and may display a tendency to paraphrase. • Demonstrates little evidence of in-depth research or analysis. • Adequate expression. • Overall, demonstrates the minimum level of competence in the assessment and satisfies the requirements to proceed to higher-level studies in the degree or subject area.
Fail	0 - 49	• Does not answer the question. • Contains significant or numerous errors. • Few or no identifiable arguments. • Content that is inappropriate or irrelevant. • Lack of research or analysis. • Difficult or impossible to understand through poor grammar, expression or structure. • Overall, does not demonstrate the minimum level of competence in the assessment.

For more information see guide to grades.

Late submission

In accordance with University policy, these penalties apply when written work is submitted after 11:59pm on the due date:

Deduction of 5% of the maximum mark for each calendar day after the due date.
After ten calendar days late, a mark of zero will be awarded.

This unit has an exception to the standard University policy or supplementary information has been provided by the unit coordinator. This information is displayed below:

The late submission of a piece of assessment, which has not been granted an extension, will attract a penalty of 10% of the total marks available for the piece of assessment per calendar day or part thereof.

Academic integrity

The Current Student website provides information on academic integrity and the resources available to all students. The University expects students and staff to act ethically and honestly and will treat all allegations of academic integrity breaches seriously.

We use similarity detection software to detect potential instances of plagiarism or other forms of academic integrity breach. If such matches indicate evidence of plagiarism or other forms of academic integrity breaches, your teacher is required to report your work for further investigation.

Use of generative artificial intelligence (AI) and automated writing tools

You may only use generative AI and automated writing tools in assessment tasks if you are permitted to by your unit coordinator. If you do use these tools, you must acknowledge this in your work, either in a footnote or an acknowledgement section. The assessment instructions or unit outline will give guidance of the types of tools that are permitted and how the tools should be used.

Your final submitted work must be your own, original work. You must acknowledge any use of generative AI tools that have been used in the assessment, and any material that forms part of your submission must be appropriately referenced. For guidance on how to acknowledge the use of AI, please refer to the AI in Education Canvas site.

The unapproved use of these tools or unacknowledged use will be considered a breach of the Academic Integrity Policy and penalties may apply.

Studiosity is permitted unless otherwise indicated by the unit coordinator. The use of this service must be acknowledged in your submission as detailed on the Learning Hub’s Canvas page.

Outside assessment tasks, generative AI tools may be used to support your learning. The AI in Education Canvas site contains a number of productive ways that students are using AI to improve their learning.

Learning support

Simple extensions

If you encounter a problem submitting your work on time, you may be able to apply for an extension of five calendar days through a simple extension.  The application process will be different depending on the type of assessment and extensions cannot be granted for some assessment types like exams.

Special consideration

If exceptional circumstances mean you can’t complete an assessment, you need consideration for a longer period of time, or if you have essential commitments which impact your performance in an assessment, you may be eligible for special consideration or special arrangements.

Special consideration applications will not be affected by a simple extension application.

Using AI responsibly

Co-created with students, AI in Education includes lots of helpful examples of how students use generative AI tools to support their learning. It explains how generative AI works, the different tools available and how to use them responsibly and productively.

Weekly schedule

WK	Topic	Learning activity
Week 01	1. Introduction to Legal Taxonomy and the ‘Unjust Enrichment’ Principle, 2. Restitution for ‘Unjust Enrichment’ in Australia: Some Key Debates.	Seminar (4 hr)
Week 02	3 and 4. Enrichment at the Expense of the Claimant	Seminar (4 hr)
Week 03	5 and 6. Introduction to Unjust Factors and ‘Mistake’	Seminar (4 hr)
Week 04	7. Coercion, 8. Defects in Personal Capacity	Seminar (4 hr)
Week 06	9 and 10. ‘Failure of Consideration’ or ‘Failure of Condition’	Seminar (4 hr)
Week 07	11. Other Reasons for Restitution?, 12. ‘Absence of Basis’	Seminar (4 hr)
Week 09	13. Restitution for ‘Wrongdoing’ Part I, 14. ‘Restitution’ for Wrongdoing Part II	Seminar (4 hr)
Week 10	15. ‘Ignorance’ or ‘Absence of Consent’ and Tracing, 16. Proprietary Restitution	Seminar (4 hr)
Week 11	17. The Change of Position Defence and the Role of Estoppel, 18. Other Defences in the Law of Restitution	Seminar (4 hr)
Week 12	19. Rival Approaches and Central Debates in the Law of Restitution, 20. Theoretical Foundations of the Law of Restitution and Unjust Enrichment	Seminar (4 hr)

Attendance and class requirements

Attendance: All students are required to attend 70% of classes (or as otherwise specified by the Unit Coordinator) to satisfy the pass requirements for each unit of study. Attendance requirements may be satisfied by in person as specified by the Unit Coordinator. Failure to meet this requirement may result in a student being precluded from sitting the final assessment.
Word count penalty: A piece of assessment which exceeds the prescribed word limit will attract a penalty of 10% of the total marks available for the piece of assessment for every 100 words, or part thereof. The total word count for essay and other written assessments will exclude bibliography; footnote numbers; footnote citation; cover page and include body text; headings and sub-headings; quotations; anything other than numbers and citations in footnotes.
Referencing guide: The Sydney Law School expects you to use the Australian Guide to Legal Citation (4th edition, 2018) for your footnoting style, although you should confirm this with your lecturer, and a link to the library website where this is set out comprehensively is available at https://libguides.library.usyd.edu.au/c.php?g=508212&p=3476376

Study commitment

Typically, there is a minimum expectation of 1.5-2 hours of student effort per week per credit point for units of study offered over a full semester. For a 6 credit point unit, this equates to roughly 120-150 hours of student effort in total.

Required readings

K Barker and R Grantham, Unjust Enrichment (2nd ed, 2018 LexisNexis)

Learning outcomes

Learning outcomes are what students know, understand and are able to do on completion of a unit of study. They are aligned with the University's graduate qualities and are assessed as part of the curriculum.

Outcomes
Graduate qualities

At the completion of this unit, you should be able to:

LO1. Actively engage with the relevant primary and secondary materials and through this acquire a sophisticated understanding of the law of restitution in Australia as well as the ways in which the Australian approach differs from that taken in other commonwealth jurisdictions, particularly England.
LO2. Demonstrate critical thinking and problem solving.
LO3. Apply your written and oral communication and argumentation skills
LO4. Develop your capacity to construct legal arguments based on the studied materials so as to be able to influence the conduct of negotiations, as well as dispute resolution proceedings in commercial law
LO5. Develop your capacity to apply your knowledge of the material covered in the resolution of practical problems spanning across the various different facets of private and commercial law.
LO6. Fill in various gaps in your understanding of private law and come to better understand the way that its various different aspects fit together.

Graduate qualities

The graduate qualities are the qualities and skills that all University of Sydney graduates must demonstrate on successful completion of an award course. As a future Sydney graduate, the set of qualities have been designed to equip you for the contemporary world.

GQ1	Depth of disciplinary expertise Deep disciplinary expertise is the ability to integrate and rigorously apply knowledge, understanding and skills of a recognised discipline defined by scholarly activity, as well as familiarity with evolving practice of the discipline.
GQ2	Critical thinking and problem solving Critical thinking and problem solving are the questioning of ideas, evidence and assumptions in order to propose and evaluate hypotheses or alternative arguments before formulating a conclusion or a solution to an identified problem.
GQ3	Oral and written communication Effective communication, in both oral and written form, is the clear exchange of meaning in a manner that is appropriate to audience and context.
GQ4	Information and digital literacy Information and digital literacy is the ability to locate, interpret, evaluate, manage, adapt, integrate, create and convey information using appropriate resources, tools and strategies.
GQ5	Inventiveness Generating novel ideas and solutions.
GQ6	Cultural competence Cultural Competence is the ability to actively, ethically, respectfully, and successfully engage across and between cultures. In the Australian context, this includes and celebrates Aboriginal and Torres Strait Islander cultures, knowledge systems, and a mature understanding of contemporary issues.
GQ7	Interdisciplinary effectiveness Interdisciplinary effectiveness is the integration and synthesis of multiple viewpoints and practices, working effectively across disciplinary boundaries.
GQ8	Integrated professional, ethical, and personal identity An integrated professional, ethical and personal identity is understanding the interaction between one’s personal and professional selves in an ethical context.
GQ9	Influence Engaging others in a process, idea or vision.

Outcome map

Learning outcomes	Graduate qualities
Learning outcomes

Responding to student feedback

This section outlines changes made to this unit following staff and student reviews.

This is the first time this unit has been offered.

Disclaimer

The University reserves the right to amend units of study or no longer offer certain units, including where there are low enrolment numbers.

To help you understand common terms that we use at the University, we offer an online glossary.

Current students

Overview

Overview

Unit details and rules

Teaching staff

Assessment

Assessment

Assessment summary

Assessment criteria

Late submission

Academic integrity

Learning support

Learning support

Simple extensions

Special consideration

Using AI responsibly

Weekly schedule

Weekly schedule

Attendance and class requirements

Study commitment

Required readings

Learning outcomes

Learning outcomes

Graduate qualities

Outcome map

Responding to student feedback

Responding to student feedback

Disclaimer

On this page

Useful links

Media

Student links

About us

Connect

Current students

LAWS3521: Law of Restitution and Unjust Enrichment

Semester 2, 2021 [Normal day] - Camperdown/Darlington, Sydney

Overview

Overview

Unit details and rules

Teaching staff

Assessment

Assessment

Assessment summary

Assessment criteria

Late submission

Academic integrity

Learning support

Learning support

Simple extensions

Special consideration

Using AI responsibly

Weekly schedule

Weekly schedule

Attendance and class requirements

Study commitment

Required readings

Learning outcomes

Learning outcomes

Graduate qualities

Outcome map

Responding to student feedback

Responding to student feedback

Disclaimer

On this page

Useful links

Media

Student links

About us

Connect