Module description
AVAILABLE TO LAW STUDENTS ONLY
The module provides an introduction to and exploration of the principles of the law of unjust enrichment. It deals with problems that can be encountered by companies, financial institutions, and others when transactions turn out to be ineffective, assets are misappropriated or transferred by mistake, or taxes are imposed unlawfully. Restitution of unjust enrichment provides the means for the recovery of assets or their value in those situations, subject to potential defences, such as change of position.
The study of the law of unjust enrichment provides a useful way to achieve a better understanding of the whole of private law, because it interacts with the laws of contract, civil wrongs, and property. The law of trusts will be relevant in some seminars, but prior study of it is not required.
Assessment details
3-hour closed book examination (100%)
Educational aims & objectives
Upon completing this module, students should understand and be able to explain the basic principles of the English law of restitution and unjust enrichment in a commercial context, including the variety of different reasons why enrichments may be unjust, the ways in which claimants can obtain restitution, and the potential defences to those claims.
Teaching pattern
22 x two-hour seminars (one per week)
Suggested reading list
A selection of cases, statutes, academic writing, and handouts made available through KEATS or Library Services plus a recommended textbook.