Module LAW42030: Unjust Enrichment

Department: Law

LAW42030: Unjust Enrichment

Tied To

• M1K116: Laws
• M1K316: International Trade and Commercial Law
• M1K616: European Trade and Commercial Law

Pre-requisites

Corequisites

Excluded Combinations

Aims

• To provide an in-depth study of the main components of a claim of unjust enrichment, to consider where unjust enrichment fits on the map of the law of obligations, and to engage with the critics of unjust enrichment

Content

• The introduction of the module, which is of crucial importance, to an understanding of the modern law, seeks to explore the place of unjust enrichment from a historical perspective. The core of the module which follows focuses on the four questions that need to be answered in order to establish a claim:
• 1. has the defendant been benefited (i.e. enriched)?
• 2. was the enrichment at the claimant’s expense?
• 3. was the enrichment unjust?
• 4. are there any defences?
• The second part of the module will continue with the core questions and proceed to consider the relationship between unjust enrichment and other legal categories such as contract. The module will conclude with a discussion of some of the critics of unjust enrichment.

Learning Outcomes

• Be able to demonstrate a detailed knowledge of unjust enrichment, and the way in which it fits within the overall scheme of the law of obligations

• Be able to demonstrate the ability to analyse and evaluate the law in relation to unjust enrichment.
• Be able to discuss different models of unjust enrichment from a theoretical, historical and critical perspective

• be able to demonstrate the ability to research and communicate effectively orally and in writing on aspects of unjust enrichment;
• to use appropriate web-based materials for conducting research;
• to analyse and explain complex material;
• to do all of the above independently.

Modes of Teaching, Learning and Assessment and how these contribute to the learning outcomes of the module

• The teaching will be based on some introductory lectures followed by seminars supported by substantial but targeted prior reading by the students. Seminar teaching will enable the teaching staff to communicate material and ensure that the appropriate level of subject knowledge and skills are being attained, and that problems with key skills can be addressed where necessary.
• The assessment in the form of two 3000-word essays enables students to demonstrate detailed subject knowledge, to apply subject skills and key skills in relation to a specific legal topic.

Teaching Methods and Learning Hours

Summative Assessment

Formative Assessment

The course will incorporate elements of formative assessment, but the methods of assessment may vary from year to year. They may incorporate: written work, either an essay (1500 words) or problems question or individual presentations