Last modified: 25 May 2018 11:16
The course focuses on the main features of Scots law viewed from a comparative and theoretical perspective. It engages with the recent “revolution” in this area of Scots law and engages critically with the problems that the recent changes have brought about in the case law.
|First Sub Session
|25 credits (12.5 ECTS credits)
Course Aims: To introduce participants to the law of unjustified enrichment in Scotland. To place the law in its historical and comparative context and to formulate views on the best lines for future development. Comparison with solutions of English law are made and consideration is given to the debate concerning best law for Britain and Europe.
Learning Outcomes: The provision of a foundation in the substantive law of unjustified enrichment in Scotland. An understanding of the historical and comparative context of modern Scots law. An introduction to the debate in Scots law concerning the nature and direction for future development of the law in the light of alternative solutions offered by English law and the civilian tradition.
Knowledge and Understanding: the Scots law of unjustified enrichment in historical and comparative context addressing major issues that have arisen in the subject in the recent period.
Subject Specific Skills and Concepts: An understanding of the place that the subject has within the structure of private law and the reasons why, the function of unjustified enrichment in different contexts, the ability critically to assess a range of commonly occurring legal issues and their best solution. Key Skills (Transferable): The student will acquire skills in: analysis, synthesis, communication (written and oral) and research skills Content: The course commences with an overview of the nature of problems that the law of unjustified enrichment addresses. Consideration is then given to the central characteristics of the English Common law and Mixed Legal Systems and the sort of problems that arise as a result in a jurisdiction like that of Scotland. The remaining seminars address the debate in Scotland and beyond concerning the nature of the causes of action in the law of unjustified enrichment especially those arising from deliberate conferral. In this matter there is close consideration of similar but different conceptions like 'mistake' and 'undue' that derive from English law and the civil law. These conceptions interact in the mixed legal system of Scotland. The value of each and the problems are examined in detail. One seminar is devoted to identification of the nature of the cause of action arising from enrichment by imposition and one seminar is on enrichment by interference.
Information on contact teaching time is available from the course guide.
1st Attempt: One 3-hour examination (100%). Resit: None.
One essay of 2,500 words is required.
Feedback will be provided on the feedback form within three weeks from the date of submission.