Faculty of Law Undergraduate Handbook - Faculty of Law - The ...

The Elements of Unjust Enrichment:• An enrichment• Obtained at the plaintiff’s expense (subtractive and remedial restitution);• Unjustly received or retained by the defendant (the two approaches to unjustness)Restitution without enrichment• A property principle and a services principle• History and development of the subject• Modern judicial viewsProprietary remedies and restitutionary claims• When does property pass?• When will Equity help it be recovered: the constructive trustPART B: SUBSTANTIVE RESTITUTIONARY CLAIMS AND DEFENCESRestitution, Tort and other Wrongs: Waiver of Tort• Recovery of value transferred• Stripping of profits made from torts and other wrongsRestitution and Contract:• Recovery of money for non-performance or voidness of contract• Recovery of money paid as a result of a misrepresentation• Recovery for services performed• Profit-stripping for breach of contract• Restitution for the party in breachBenefits Acquired by Duress• Actual or Threatened Violence to the Person and Duress by Imprisonment• Duress of Property• Threats of Court Proceedings, and Blackmail• Duress “colore officii”: Restitution from public authorities• Economic DuressUndue Influence and Unconscionable BargainsMistakenly conferred benefitsDefences to restitutionary claimsAssessment:Final Examination (Plussage 30% Opinion)Prescribed Text/s:None, but see:Peter Birks, Unjust Enrichment (2nd ed, 2005)Andrew Burrows, The Law of Restitution (2nd ed)2010 Faculty of Law Handbook | 53