Credit points: 15
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
Subject Co-ordinatorHannah Robert
Available to Study Abroad StudentsYes
Subject year levelYear Level 3 - UG
Prerequisites (LAW2TOT or LAW2TOR) and LAW3ETR
Special conditions Must be admitted to any Bachelor of Laws UG degree or have permission from Law Director of Programs
|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|
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Melbourne, 2014, Semester 2, Day
Maximum enrolment sizeN/A
Subject Instance Co-ordinatorHannah Robert
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.
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.
|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|