Law of Restitution

Law of Restitution

The law relating to claims, quasi-contractual or otherwise, which are founded upon the principle of unjust enrichment.

The Law of Restitution is a loose confederation of legal rules that have one thing in common: the defendant has been unjustly enriched at the expense of the plaintiff. In all other respects, the law is highly diverse, ranging from claims arising out of explicit transactions between the parties (i.e. restitutionary remedies in which one party has broken a contract) to claims between complete strangers (i.e mistaken improvement of another’s land); and from the accidental (i.e money paid under mistake) to the deliberate (i.e transactions entered into under duress and coercion).

Expected learning outcomes

  • Have an understanding of the various conceptions of the principle of unjust enrichment advanced by judges and academics in commonwealth jurisdictions
  • Have a general overview of the the legal materials within the law of restitution
  • Be able to critically analyse the case law relating to this field

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