LAW4522 - Remedies
6 points, SCA Band 3, 0.125 EFTSL
Undergraduate Faculty of Law
Leader(s): Dr Normann Witzleb
Clayton Second semester 2009 (Day)
The unit in Remedies will consider the remedial goals of the common law, equity and some important statutes, as well as examine the legal rules and principles which give effect to these goals.
The focus will be on damages and coercive remedies. The course will begin by studying the principles underlying compensation before moving to restitution, punishment and coercion. While it will not be possible to look at every general law remedy, the major topics concerning the assessment of damages in tort and contract, misleading or deceptive conduct and for breach of equitable obligations will be studied.
Among the questions to be considered are:
- With compensatory damages being the primary remedy for many torts and for breach of contract, what role is there for punishment and gain-based damages in our law of civil obligations and what remedies give effect to these goals?
- Why are the compensation rules for tort different from those for contract? How are they different?
- How do the doctrine of mitigation and other limiting factors affect compensation in common law?
- In what ways does the assessment of damages for misleading or deceptive conduct differ from damages in tort and contract?
- Is compensation assessed differently where there is a breach of an equitable obligation? Should it be?
- When are injunctions and specific performance available, and what factors affect their availability?
On completion of this unit, students should:
- have gained a good understanding of the law of remedies as a legal discipline and an area of practice
- understand and be able to explain the various goals of remedies
- appreciate the interaction between causes of action and remedial responses
- have acquired specific knowledge in the areas of damages for torts, breach of contract and misleading and deceptive conduct; equitable compensation and coercive relief
- have developed a critical understanding of contemporary issues in Remedies Law
- have developed and demonstrated their ability to engage in informed and articulate oral discussions on issues in Remedies Law
- have developed and demonstrated the ability to independently research, analyse and write on issues in Remedies Law
- be able to solve practical problems that involve the Law of Remedies and to prepare clear and accurate written advice for clients
Assignment - (a) legal opinion (2800 words, 35%) and (b) letter of advice (400 words, 5%): 40%; class participation: 10%; final examination (2 hours
30 mins reading & noting, open book): 50%
Class Participation: 10% and final examination (3 hour
30 mins reading & noting, open book): 90%
There will be a 2 hour seminar and a separate one hour class, the latter generally in the form of a workshop class. It is expected that students prepare for each class, with an average of 3 hour private study for each contact hour.