LLM Programme

Module summary

A sound knowledge and understanding of the law of unjust enrichment is essential for lawyers specialising in commercial litigation, and the module places particular emphasis on the commercial setting within which many such claims arise, looking, for example, at the problems encountered by banks and companies which make mistaken payments, enter invalid transactions, lend money against imperfect security, fall victim to fraudsters who misappropriate their assets, and pay taxes that are not due. The focus of the module is on Anglo-Commonwealth law, but some comparisons are drawn with the laws of civilian and mixed legal systems.

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. Where all three requirements are satisfied, the further question arises, whether there are 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.

Module syllabus

1. Structure of Claims in Unjust Enrichment
2. Enrichment
3. At the Claimant’s Expense: Personal Claims
4. At the Claimant’s Expense: Proprietary Claims (Tracing)
5. Lack of Consent and Want of Authority
6. Mistake
7. Duress
8. Undue Influence
9. Failure of Consideration: Overview and Frustrated Contracts
10. Failure of Consideration: Breach of Contract
11. Failure of Consideration: Void and Anticipated Contracts
12. Necessity
13. Ultra Vires Payments and Receipts by Public Bodies
14. Secondary Liability
15. Justifying Grounds in Common and Civil Law
16. Defences: Change of Position
17. Defences: Estoppel, Ministerial Receipt, Bona Fide Purchase, Counter-Restitution Impossible
18. Defences: Illegality, Incapacity, Limitation
19. Personal Restitution and Proprietary Remedies (Trusts, Liens, Subrogation)
20. Revision

Recommended materials

The set textbook for the module is Andrew Burrows, The Law of Restitution (3rd edn Oxford 2010). Seminar handouts and other materials will be provided electronically through Moodle (virtual learning environment). Reference may also be made to Charles Mitchell, Paul Mitchell, and Stephen Watterson (eds) Goff & Jones: The Law of Unjust Enrichment (8th edn Sweet & Maxwell 2011) but there is no need for students to buy this work.

Preliminary reading

Burrows chapter 1 is a good introduction to the subject, but note that this includes discussion of restitution for wrongdoing which is not covered on the course. Students wishing to get a sense of the subject might also read Goff & Jones chapter 1.

Other information

Students will be expected to read textbook chapters, articles, and cases by way of preparation for discussion in seminars each week.

The application process for the 2013-14 academic session is open.
The deadline for applications to be received has been extended to Monday 1 July 2013

Please refer to the How to apply section for information on the application process.