University of Cambridge, Faculty of Law

Law of Restitution (LL.M.)

Syllabus
  1. Introduction: An analysis of the nature and ambit of the law of restitution and the essential principles on which the subject is founded. The validity of the subject. Alternative approaches. Identification of restitutionary remedies.
  2. The unjust enrichment principle: the nature of the principle. The identification and valuation of enrichment. The notion of enrichment being at the expense of the claimant. The principles underlying the recognition of grounds of restitution. Absence of basis or presence of basis?
  3. The grounds of restitution:
    1. Mistake. Whether ignorance is a ground of restitution. Specific defences to restitutionary claims grounded on mistake.
    2. Failure of consideration: total, partial and absence of consideration.
    3. Recovery of benefits conferred under compulsion: duress of the person, duress of goods, economic duress and legal compulsion.
    4. Recovery of benefits conferred by exploitation: undue influence, undue pressure and unconscionability.
  4. Topics within unjust enrichment
    1. Restitutionary claims brought against public authorities.
    2. Anticipated contracts.
  5. Proprietary restitutionary claims:
    1. Analysis of the underlying principles.
    2. Identification of legal and equitable proprietary bases.
    3. Following and tracing rules.
    4. Proprietary claims and remedies.
    5. Personal claims and remedies to vindicate proprietary rights.
    6. The defence of bona fide purchase.
  6. General defences and bars:
    1. Estoppel.
    2. Change of position.
    3. Ministerial receipt.
    4. Passing on.
    5. Illegality.
    6. Limitation periods.
  7. Restitution for wrongdoing:
    1. Analysis of the underlying principles.
    2. Restitution for torts.
    3. Restitution for breach of contract.
    4. Restitution for equitable wrongdoing.