COMMERCIAL RESTITUTION - 2019/0
Module code: LAW3132
Module Overview
Commercial restitution is an intellectually stimulating subject which lies at the intersection of the foundational subjects of private law. It is a recent and swiftly developing area of law, with significant practical relevance. Knowledge of the rules that form the basis of this subject is highly recommended for those who want to pursue careers in commercial law.
Unjust enrichment as a cause of action has been recognised by the House of Lords in 1991. However, commercial restitution has been an important concept in English commercial law for much longer. In this course, we explore the legal developments and debates in this lively and commercially very important area of law.
Module provider
School of Law
Module Leader
TUREK Krystof (Schl of Law)
Number of Credits: 15
ECTS Credits: 7.5
Framework: FHEQ Level 6
Module cap (Maximum number of students): N/A
Overall student workload
Independent Learning Hours: 117
Seminar Hours: 33
Module Availability
Semester 2
Prerequisites / Co-requisites
n/a
Module content
Introduction to unjust enrichment and restitution
What is enrichment?
At the claimant's expense?
A list of unjust factors
The absence of basis theory
Tracing
Restitutionary remedies
Defences
Assessment pattern
| Assessment type | Unit of assessment | Weighting |
|---|---|---|
| Coursework | 3,000 word written coursework | 100 |
Alternative Assessment
n/a
Assessment Strategy
The module will be assessed by a 3,000 word written coursework. There will be an opportunity to submit a formative assessment and obtain feedback.
Module aims
- To introduce the concept of unjust enrichment and the variety of restitutionary responses
- To develop an understanding of the concept of unjust enrichment in English law
- To understand and critically assess when enrichment will be reversible when it is at the claimant's expense
- To understand and critically assess the variety of unjust factors that may make the receipt of enrichment unjustified
- To understand and critically assess the rival theory of absence of basis
- To understand and critically assess the law of tracing
- To understand and critically assess the variety of restitutionary responses
- To understand and critically assess the variety of defences to a claim for restitution
Learning outcomes
| Attributes Developed | ||
| 001 | Critically evaluate the central principles, concepts and history of the area of restitution and unjust enrichment | CKT |
| 002 | Critically evaluate the content of the rules studied on this module | CKT |
| 003 | Critically evaluate the concept of enrichment in English law | CKT |
| 004 | Critically evaluate the idea of when that enrichment is at the claimant's expense | CKPT |
| 005 | Critically evaluate the proper justification for restitutionary reliability (unjust factors or absence of basis) | CKT |
| 006 | Critically evaluate the remedies available to effectuate restitution of unjust enrichment | CKPT |
| 007 | Critically evaluate the circumstances in which the defendant may have a valid defence to a restitutionary claim | CKPT |
| 008 | Critically engage with scholarly debates on the law of restitution and unjust enrichment | CKT |
| 009 | Critically engage with the major controversies surrounding the legal areas studied in this module | CKT |
| 010 | Critically engage with and apply knowledge of the primary and secondary legal authorities to solve complex problems and complex essay questions which seek to resolve tensions between the competing arguments surrounding the law of restitution | CKP |
Attributes Developed
C - Cognitive/analytical
K - Subject knowledge
T - Transferable skills
P - Professional/Practical skills
Methods of Teaching / Learning
This course will be delivered through 11 weekly three-hour seminars. Preparatory reading will be required, and seminar participation and debate encouraged within an informal academic setting.
Indicated Lecture Hours (which may also include seminars, tutorials, workshops and other contact time) are approximate and may include in-class tests where one or more of these are an assessment on the module. In-class tests are scheduled/organised separately to taught content and will be published on to student personal timetables, where they apply to taken modules, as soon as they are finalised by central administration. This will usually be after the initial publication of the teaching timetable for the relevant semester.
Reading list
https://readinglists.surrey.ac.uk
Upon accessing the reading list, please search for the module using the module code: LAW3132
Other information
n/a
Please note that the information detailed within this record is accurate at the time of publishing and may be subject to change. This record contains information for the most up to date version of the programme / module for the 2019/0 academic year.