units

LAW4644E

Faculty of Law

Undergraduate - Unit

This unit entry is for students who completed this unit in 2014 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.

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6 points, SCA Band 3, 0.125 EFTSL

Refer to the specific census and withdrawal dates for the semester(s) in which this unit is offered, or view unit timetables.

LevelUndergraduate
FacultyFaculty of Law
OfferedNot offered in 2014

Synopsis

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;
  • vindication as an aim for damages: Some common law courts have recently adopted a new category of 'vindicatory damages', in particular where the defendant violated the plaintiff's human rights;
  • the assessment of non-pecuniary damages in both contract and tort law;
  • a comparative assessment of punitive damages in contract law: In what circumstances (if any) should a contract breaker be exposed to punitive sanctions?;
  • the extent to which parties can stipulate remedies in a contract - liquidated damages, exclusive remedy clauses;
  • specific performance, injunctions and personal service agreements: Are the traditional policies informing the exercise of the judicial discretion to order or deny specific performance and injunctions still applicable today considering how we now conceive employment and personal service contracts?
  • the extra-territorial enforcement of equitable orders; and
  • liability of multiple wrongdoers: Statute law increasingly makes exceptions to the principle of joint and several liability where multiple wrongdoers have caused the plaintiff's harm. What policies underlie this trend to adopt the principle of proportionate liability and what is the effect of these changes?

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

Assessment

Class participation (10%); research assignment (max. 1500 words) (30%); take home examination (max. 3000 words) (60%)

Chief examiner(s)

Workload requirements

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.