B. The Concept of Unjust Enrichment

4. Enrichment
5. At the Plaintiff's Expense
6. Unjust Factors

C. Remedies

7. Remedies

D. Bars And Defences

8. Bars and Defences

E. Instances of Enrichment By Subtraction

9. Mistake
10. Necessitous Intervention (Various Unjust Factors)
11. Compulsion (Various Unjust Factors)
12. Ineffective Contracts (Various Unjust Factors)

F. Instances of Enrichment By Wrongs

13. Benefits Acquired Through Wrongful Acts

I've found that it's useful to provide students with a theoretical understanding of the law of restitution because (especially in Australia) so many fundamental issues have yet to be conclusively settled. Moreover, it seems that if the students understand the theory of unjust enrichment from the outset, the specific instances of recovery can be analysed with (reasonably) little difficulty. In fact, the theory provided in the first part of the year largely allows them to independently work through the specific instances of recovery and non-recovery in Parts E and F. It similarly seems useful to place the chapter on defences early in the course, rather than at the end, where it often is found. That way, when examining the specific instances of claims, students are able to fully analyse the cases and understand why relief may be denied even though the plaintiff has established the first three elements of the UE principle and thereby established a prima facie claim to relief. A final note on the syllabus. Some obvious areas are omitted because they are sufficiently covered in other courses.

Mitchell McInnes