REMEDIES

LAW5RMD

2018

Credit points: 15

Subject outline

This is a masters-level capstone subject focused on private law remedies - the doctrines governing the orders a court may make to remedy a breach of legal or equitable duty. Students will have touched on remedies in almost every other core subject in the JD. This subject consolidates and builds upon that existing knowledge and gives students an opportunity to draw together the disparate threads of the JD and to compare the various outcomes possible across different doctrines and areas of law. As well as gaining an ability to identify and apply key common law and equitable principles governing remedies, students will be expected to demonstrate their developing professional judgment in assessing which remedies may best meet the client's interests in a particular situation. The subject is taught in three modules:

1 . Compensatory Remedies: Common Law and statute;

2. Equitable Compensation, Restitution and Vindicatory Remedies;

3. Coercive Remedies.

During the Workshops students will apply remedies principles to case study problems using team based learning, and practice negotiations, culminating in a settlement negotiation.

SchoolLa Trobe Law School

Credit points15

Subject Co-ordinatorHannah Robert

Available to Study Abroad StudentsYes

Subject year levelYear Level 5 - Masters

Exchange StudentsYes

Subject particulars

Subject rules

Prerequisites LAW5PMI and LAW5PTO and LAW5FPR

Co-requisitesN/A

Incompatible subjects LAW3REM

Equivalent subjectsN/A

Special conditions Must be admitted to the JD degree or have permission from Law Director of Programs

Readings

Resource TypeTitleResource RequirementAuthor and YearPublisher
ReadingsRemedies in Australian Private LawPrescribedKaty Barnett and Sirko HarderCAMBRIDGE UP
ReadingsGetting to Yes: Negotiating Agreement Without Giving InRecommendedRoger Fisher, William L. Ury, Bruce PattonPENGUIN
ReadingsRemedies: Commentary and MaterialsRecommendedMichael Tilbury, Michael Gilooly, Elise Bant, Normann WitzlebLAWBOOK

Graduate capabilities & intended learning outcomes

01. Demonstrate advanced knowledge regarding which legal or equitable remedies are available for a particular cause of action using relevant case law and legislation, and explain the appropriate method for calculating compensatory remedies.

Activities:
Quiz, Settlement Negotiation Portfolio, Participation in Settlement Negotiation

02. Demonstrate high level ability to apply the principles governing remedies to the facts of a dispute and make a reasoned analysis about the likely court outcomes.

Activities:
Quiz, Settlement Negotiation Portfolio, Participation in Settlement Negotiation

03. Communicate complex legal concepts and doctrines in a succinct and professional manner.

Activities:
Settlement Negotiation Portfolio, Participation in Settlement Negotiation

04. Demonstrate professional judgment in assessing which remedies may deliver the best result for a client in a particular situation.

Activities:
Settlement Negotiation Portfolio, Participation in Settlement Negotiation

Subject options

Select to view your study options…

Start date between: and    Key dates

City Campus, 2018, Semester 2, Blended

Overview

Online enrolmentYes

Maximum enrolment sizeN/A

Enrolment information

Subject Instance Co-ordinatorHannah Robert

Class requirements

Seminar Week: 31 - 43
One 2.5 hours seminar per week on weekdays during the day from week 31 to week 43 and delivered via face-to-face.

Unscheduled Online Class Week: 31 - 43
One 6.0 hours unscheduled online class per study period on any day including weekend during the day from week 31 to week 43 and delivered via online.

Assessments

Assessment elementComments% ILO*
Final Examination (word equivalent 4000)60 01, 02
Settlement Negotiation (1000 words)20 01, 02, 03, 04
Participation in settlement negotiation - Oral presentation (1000 words)20 01, 02, 03, 04