law3rem remedies
REMEDIES
LAW3REM
2014
Credit points: 15
Subject outline
This is a capstone subject focused on private law remedies - the doctrines governing the orders a court may make to remedy a breach of legal duty. Students will have touched on remedies in almost every other core subject in the law degree. This subject consolidates and builds upon that existing knowledge and gives students an opportunity to draw together the disparate threads of the law degree and to compare the various outcomes possible across different doctrines and areas of law. The subject is taught in three modules - Coercive Remedies (particularly injunctions and specific performance), Common Law Compensatory Remedies (focusing Contract and Tort damages) and Equitable and statutory Compensatory and Restitutionary Remedies. Intensive lecture modules alternate with Seminars in which students will apply remedies principles to case study problems using team based learning, culminating in a settlement negotiation.
FacultyFaculty of Business, Economics and Law
Credit points15
Subject Co-ordinatorHannah Robert
Available to Study Abroad StudentsYes
Subject year levelYear Level 3 - UG
Exchange StudentsYes
Subject particulars
Subject rules
Prerequisites (LAW2TOT or LAW2TOR) and LAW3ETR
Co-requisitesN/A
Incompatible subjectsN/A
Equivalent subjectsN/A
Special conditions Must be admitted to any Bachelor of Laws UG degree or have permission from Law Director of Programs
Learning resources
Readings
| Resource Type | Title | Resource Requirement | Author and Year | Publisher |
|---|---|---|---|---|
| Readings | Remedies in Australian Private Law | Prescribed | Katy Barnett and Sirko Harder | CAMBRIDGE UP 2014 |
| Readings | Getting to Yes: Negotiating Agreement Without Giving In | Recommended | Roger Fisher, William L. Ury, Bruce Patton | PENGUIN, 3RD ED 2011 |
| Readings | Remedies: Commentary and Materials | Recommended | Michael Tilbury, Michael Gilooly, Elise Bant, Normann Witzleb | LAWBOOK, 5TH ED 2011 |
Subject options
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Melbourne, 2014, Semester 2, Day
Overview
Online enrolmentYes
Maximum enrolment sizeN/A
Enrolment information
Subject Instance Co-ordinatorHannah Robert
Class requirements
LectureWeek: 31 - 43
Seven 3.0 hours lecture per study period on weekdays during the day from week 31 to week 43 and delivered via face-to-face.
WorkShopWeek: 32 - 43
Five 3.0 hours workshop per study period on weekdays during the day from week 32 to week 43 and delivered via face-to-face.
Assessments
| Assessment element | Comments | % |
|---|---|---|
| Injunction exercise (20%); written submissions (10%) | 10 | |
| Participation in practice negotiation | 10 | |
| Performance in Settlement Negotiation | 40 | |
| Settlement Negotiation (80%); Letter of Advice 40% (30% individual, 10% with team member) | 40 |