The taught modules offered on the LLM programme vary from year to year. Please check the full list of taught modules list for details of modules running in specific academic years. We make every effort to ensure that every module will be offered, but modules are subject to change and cancellation. You are therefore advised to check this site regularly for further updates throughout the year preceding entry to the LLM programme.
|RESTITUTION OF UNJUST ENRICHMENT (LAWSG108)
Credit value: 30 credits (12 ECTS)
Professor Robert Chambers
Professor Ben McFarlane
A sound understanding of unjust enrichment and restitution is essential for lawyers specialising in commercial litigation. This 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, or 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 the enrichment was gained at the claimant’s expense, and that the enrichment was unjust. Where all three requirements are satisfied, two further questions arise: what is the appropriate method of restitution and are there any defences to that claim?
- Introduction to Unjust Enrichment and Restitution
- Expense to the Claimant
Reasons for Restitution
- Undue Influence
- Weakness and Incapacity
- Want of Authority
- Failure of Consideration 1 (Discharged Contracts)
- Failure of Consideration 2 (Void and Anticipated Contracts)
- Public Bodies Acting Ultra Vires
- Absence of Basis
- Wrongful Enrichment
- Change of Position and Passing On
- Estoppel, Bona Fide Purchase, and Counter-Restitution Impossible
- Illegality, Incapacity, and Limitation
Background Reading (optional):
The set textbook for the module is Andrew Burrows, The Law of Restitution (3rd edn OUP Oxford 2010). Students prepare for each seminar by reading the relevant chapter in this book along with two or three assigned readings (usually one case and one article) which will be discussed in detail during the seminar.
Module reading lists and other module materials will be provided via online module pages, once students have made their module selections upon enrolment in September.
|Delivery and enrolment
|Lectures/Seminars: 20 x two-hour seminars
|Previous module enrolments: Small - less than 15 students
|Who may enrol: LLM students
|Barred module combinations: None
|Core Module for LLM specialism: International Commercial Law
|Final Assessment: 3-hour unseen written examination
|Practice Assessment: Opportunity for feedback on one optional practice essay per term
This page was last updated on
24 July, 2014