1. General
This course will be taught either in the first or second semester of the third year
of the LL.B. degree programme. It is an optional course. Good grades in
Contract and Tort are a pre-requisite.

2. Course Objective
The main objective is to introduce students to the principle of unjust enrichment,
that is, where a defendant has been unjustly enriched at the expense of a
plaintiff. The appropriate response is ‘restitution’, which is giving up the
benefit. The course will focus on some of the ‘unjust factors’, the nature of the
claims which can be made and some of the defences available.

3. Course Content
i. The Principle of Unjust Enrichment
ii. Unjust Factors
(a) Mistakes
(b) Compulsion
(c) Failure of Consideration
iii. Restitution for Wrongs
iv. Defences
(a) Change of Position
(b) Bona Fide Purchase
(c) Passing On
v. Personal and Proprietary Claims

4. Method of Teaching
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The course will be conducted by a two hour weekly seminar and a one hour
weekly preparation lecture which will be given in the week preceding the
seminar.

5. Method of Assessment
Students will be assessed by way of one “take-home” assignment and one two
hour final examination at the end of the Semester in which it is taught. Students
will be required to answer two questions selected from a total of four questions
in the two hour examination. The “take-home” assignment will account for 30%
of the final mark and the two hour examination will account for 70% of the final
mark.