Last modified: 05 Aug 2021 13:04
Unjustified enrichment is a relatively new addition to Scots private law, the courts having only recognised it as a distinctive legal area in the 1990s. As the name suggests, this is an area that sets out to redress enrichments which, in the eyes of the law, are unjustified. In spite of its novelty, or perhaps because of it, unjustified enrichment has attracted a significant degree of academic attention over the past thirty to forty years, having stirred up a number of academic debates, ranging from the national (‘Should Scots law follow the lead of English law in structuring its own law of unjustified enrichment?’) to the existential (‘Does unjustified enrichment even need to exist in a modern legal system?’). This course aims to confront at least some of these debates.
| Study Type | Undergraduate | Level | 4 |
|---|---|---|---|
| Term | First Term | Credit Points | 30 credits (15 ECTS credits) |
| Campus | Aberdeen | Sustained Study | No |
| Co-ordinators |
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Some seminars will explore specific branches of the law of unjustified enrichment, e.g. the claims known as the condictio indebiti and the condictio causa data causa non secuta. The aim will be to examine how these claims work, what their limits are, whether they are fit for purpose, and whether they compare favourably with their cousins in other legal systems. Other seminars will examine broader issues in the law of unjustified enrichment such as its structure (taxonomy), its distinctive role in Scots private law and its interaction with other legal areas such as, e.g., the law of contract.
Information on contact teaching time is available from the course guide.
2x 2500 essay (50% each)
resit: 100% online exam
Alternative Resit Arrangements
48 hour written exam (100%)
There are no assessments for this course.
| Knowledge Level | Thinking Skill | Outcome |
|---|---|---|
| Factual | Understand | To give participants an overview of the Scots law of unjustified enrichment. |
| Conceptual | Understand | To place the Scots law of unjustified enrichment in its historical and comparative context. |
| Conceptual | Analyse | To analyse problems relating to the nature and development of causes of action in Scots law that arise from deliberately conferred enrichment. |
| Conceptual | Analyse | To analyse problems relating to the nature and development of causes of action in Scots law that arise from deliberately conferred enrichment. |
| Conceptual | Evaluate | To formulate views on the best lines for future development of the Scots law of unjustified enrichment. |
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