Welcome - Restitution LAWS 2233   Restitution
The course is chiefly concerned with the action in unjust enrichment as a distinct category or private law liability. It will study the historical, definitional and doctrinal bases of the law of restitution and its role as an integral part of the common law alongside tort and contract. The central question -- what makes an enrichment unjust? -- will be discussed in relation to the following topics: payments made under mistake of law or fact, goods or services provided by mistake, compulsory discharge of another's obligation, benefits conferred under ineffective contracts and necessitous intervention. It will also study defences to such actions, including officiousness, compromise, submission, estoppels and change of position. In addition, it will examine benefits acquired through wrongful acts, including waiver of tort and breach of fiduciary obligations.
NOTES: Assessment Method: Term assignments, a class presentation and class participation.
FORMAT COMMENTS: 2 hrs a week