REMEDIES

LAW3REM

2016

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 - Common Law Compensation (focusing Contract and Tort damages), Equitable and Statutory Compensation, Restitution and Vindicatory Remedies, and Coercive Remedies (particularly injunctions and specific performance). 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.

SchoolLa Trobe Law School

Credit points15

Subject Co-ordinatorHannah Robert

Available to Study Abroad StudentsYes

Subject year levelYear Level 3 - UG

Exchange StudentsYes

Subject particulars

Subject rules

Prerequisites LAW1LIM and (LAW2TOT or LAW2TOR) and (LAW2CTA and LAW2CNT) and (LAW2CTB or LAW2CCC) and (LAW2FPL and LAW2RPT or LAW2PRP) and (LAW3ETR or LAW3EQT)

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 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 MaterialsRecommendedNormann Witzleb, Elise Bant, Simone Degeling, Kit BarkerLAWBOOK

Graduate capabilities & intended learning outcomes

01. Identify which 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, Settlement Negotiation Portfolio
Related graduate capabilities and elements:
Inquiry and Analytical Skills (Critical Thinking,Creative Problem-solving)
Discipline -Specific Knowledge and Skills (Discipline-Specific Knowledge and Skills)

02. 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, Settlement Negotiation Portfolio
Related graduate capabilities and elements:
Inquiry and Analytical Skills (Critical Thinking,Creative Problem-solving)
Inquiry and Analytical Skills (Critical Thinking,Creative Problem-solving)
Discipline -Specific Knowledge and Skills (Discipline-Specific Knowledge and Skills)

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

Activities:
Settlement Negotiation Portfolio, Settlement Negotiation
Related graduate capabilities and elements:
Inquiry and Analytical Skills (Critical Thinking,Creative Problem-solving)
Inquiry and Analytical Skills (Critical Thinking,Creative Problem-solving)

04. Clearly communicate complex legal concepts and doctrines in a relevant way, and communicate effectively with colleagues and team members.

Activities:
Settlement Negotiation, Settlement Negotiation Portfolio
Related graduate capabilities and elements:
Literacies and Communication Skills (Writing,Speaking)
Literacies and Communication Skills (Writing,Speaking)
Personal and Professional Skills (Teamwork including leadership and working in groups)

Subject options

Select to view your study options…

Start date between: and    Key dates

Melbourne, 2016, Semester 2, Blended

Overview

Online enrolmentYes

Maximum enrolment sizeN/A

Enrolment information

Subject Instance Co-ordinatorHannah Robert

Class requirements

Lecture Week: 31 - 43
Seven 2.0 hours lecture per study period on weekdays during the day from week 31 to week 43 and delivered via blended.
"Two hour face-to-face lecture (recorded)."

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.

Lecture Week: 31 - 43
Seven 1.0 hours lecture per study period on any day including weekend from week 31 to week 43 and delivered via online.
"Online equivalent to a one hour lecture. "

Assessments

Assessment elementComments% ILO*
Multiple Choice quiz - 1 hour (equivalent 1000 w)20 01, 02
Settlement Negotiation Portfolio (max 4000 w, submitted in small groups, 2000 words per students) Submitted online through Turnitin. Marked online and feedback provided online. No hard copy submission required. Portfolio includes: - Pre-negotiation memo analysing client's legal position - Post-negotiation letter of advice to client - Draft heads of agreement 70 01, 02, 03, 04
Settlement Negotiation (1000w)This is a hurdle requirement, as participation in the Settlement Negotiation forms the basis for the Settlement Negotiation Portfolio. As long as students turn up and make a genuine effort to participate in the Settlement Negotiation, they will pass the hurdle requirement.10 01, 02, 03, 04