units

LAW7644

Faculty of Law

Postgraduate - Unit

This unit entry is for students who completed this unit in 2013 only. For students planning to study the unit, please refer to the unit indexes in the the current edition of the Handbook. If you have any queries contact the managing faculty for your course or area of study.

print version

6 points, SCA Band 3, 0.125 EFTSL

To find units available for enrolment in the current year, you must make sure you use the indexes and browse unit tool in the current edition of the Handbook.

LevelPostgraduate
FacultyFaculty of Law
OfferedPrato Term 2 2013 (Day)

Notes

For postgraduate Law discontinuation dates, please see http://www.law.monash.edu.au/current-students/postgraduate/pg-disc-dates.html

Quota applies

The unit can be taken by a maximum of 45 students (due to limited facilities and method of teaching).

Synopsis

This unit takes a comparative approach to the law of remedies for civil wrongs. It examines the treatment of selected remedial issues in various common law jurisdictions.

The topics covered include the following:

  • aims and methods of comparative legal studies;
  • compensation for non-pecuniary loss in contract and tort;
  • effect of contributory negligence in contract and tort;
  • liability of multiple wrongdoers;
  • gain-based remedies in contract and tort;
  • punitive damages in contract and tort;
  • vindication as an aim of damages; and
  • specific relief and personal-service agreements.

Outcomes

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
  • have developed the ability to independently research and write a minor memorandum on a remedies topic.

Assessment

Research assignment (3,750 words): 50%
Take-home examination (3,750 words): 50%

Chief examiner(s)