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

Readings

Resource TypeTitleResource RequirementAuthor and YearPublisher
ReadingsRemedies in Australian Private LawPrescribedKaty Barnett and Sirko HarderCAMBRIDGE UP 2014
ReadingsGetting to Yes: Negotiating Agreement Without Giving InRecommendedRoger Fisher, William L. Ury, Bruce PattonPENGUIN, 3RD ED 2011
ReadingsRemedies: Commentary and MaterialsRecommendedMichael Tilbury, Michael Gilooly, Elise Bant, Normann WitzlebLAWBOOK, 5TH ED 2011

Subject options

Select to view your study options…

Start date between: and    Key dates

Melbourne, 2014, Semester 2, Day

Overview

Online enrolmentYes

Maximum enrolment sizeN/A

Enrolment information

Subject Instance Co-ordinatorHannah Robert

Class requirements

Lecture Week: 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.

WorkShop Week: 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 elementComments%
Injunction exercise (20%); written submissions (10%)10
Participation in practice negotiation10
Performance in Settlement Negotiation40
Settlement Negotiation (80%); Letter of Advice 40% (30% individual, 10% with team member)40