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Monash University Handbook 2010 Undergraduate - Unit

6 points, SCA Band 3, 0.125 EFTSL

FacultyFaculty of Law
OfferedSunway Term 3 2010 (Day)
Coordinator(s)Normann Witzleb and Jeff Berryman


This unit will take a comparative approach to a number of discrete remedial issues. Some of the areas to be covered in the course may include the following:

  • the use of probabilistic causation principles: Courts in both the United Kingdom and Canada have explored the issue of changing the classic 'but for' causation principle toward a principle that awards compensation based upon a demonstrated 'material contribution' to the injury;
  • assessment principles used in the context of suits for tobacco torts. The US courts have considerable experience with tobacco tort cases. Recently Canadian jurisdictions have enacted specific legislation directed at making the cases against the tobacco industry easy to argue. Tobacco class actions have also been contemplated in Australia and the United Kingdom;
  • the assessment of non-pecuniary damages in both contract and tort law;
  • a comparative assessment of punitive damages in tort and contract. Canada may stand alone as the only country that allows punitive damages for breach of contract, but there is increasingly a desire to regulate private conduct through remedies in a number of jurisdictions;
  • the extent to which parties can stipulate remedies in a contract - liquidated damages, exclusive remedy clauses;
  • the extra-territorial enforcement of equitable orders; and
  • the supervisory powers of courts to enforce their equitable remedies.
Other areas selected may be determined by student interest.


On completion of the unit a student should:

  • have gained an understanding of different approaches to selected remedial issues;
  • understand the place the law of remedies has in the wider context of law and society, and in particular the relationship between law and equity and how social policy goals are asserted through various legal doctrines;
  • have a critical appreciation of different conceptions to similar remedies problems experienced in a number of common law countries; and
  • have developed the ability to independently research and write a minor memorandum on a remedies topic


The proposed assessment method will be class participation 10%, research memorandum 30%, and two hour open book examination for 60%.

Chief examiner(s)

Dr Normann Witzleb

Contact hours

Students will be required to attend 36 hours of seminars, and undertake approximately an additional 108 hours of private study, including reading, class preparation, assignment preparation and revision time over the duration of the course.