A claimant in unjust enrichment must show that the defendant was enriched, that his enrichment was gained at the claimant’s expense, and that his...

A claimant in unjust enrichment must show that the defendant was enriched, that his enrichment was gained at the claimant’s expense, and that his enrichment was unjust. When all three requirements are satisfied, the further question arises, whether there are any defences to the claim; if there are not, then the court must decide what remedy should be awarded. The court must also consider whether the defendant’s enrichment is justified by an overriding source of rights such as statute or contract, as in this case recovery will be denied although the claimant would otherwise be entitled to restitution. The module is arranged in line with this analytical structure. The seminar topics are set out below:

Unjust Enrichment and Restitution
	Enrichment 
	At the Claimant’s Expense
	Mistake 
	Failure of Consideration
	Lack of Consent and Want of Authority
	Ultra Vires Payments and Receipts by Public Bodies Secondary Liability
	Secondary Liability
	Justifying Grounds
	Remedies
Students who enjoyed contract, tort, and/or trusts, and who wish to take an advanced obligations course, will enjoy this module. So will those with an interest in commercial law. The module is conceptually challenging but students who like a challenge will find it stimulating and rewarding.

Each week students are expected to read textbook chapters, cases, and articles by way of preparation for discussion in seminars. Reading lists and other materials will be provided for students registered on the module via online Moodle information pages.

Note: Where the class size for this module exceeds 24 students in any year, 4 (one-hour) tutorials will be added to the schedule, increasing the contact hours to 44 for each student.

About the module:

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