law3rem remedies
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 Type | Title | Resource Requirement | Author and Year | Publisher |
|---|---|---|---|---|
| Readings | Remedies in Australian Private Law | Prescribed | Katy Barnett and Sirko Harder | CAMBRIDGE UP |
| Readings | Getting to Yes: Negotiating Agreement Without Giving In | Recommended | Roger Fisher, William L. Ury, Bruce Patton | PENGUIN |
| Readings | Remedies: Commentary and Materials | Recommended | Normann Witzleb, Elise Bant, Simone Degeling, Kit Barker | LAWBOOK |
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
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Melbourne, 2016, Semester 2, Blended
Overview
Online enrolmentYes
Maximum enrolment sizeN/A
Enrolment information
Subject Instance Co-ordinatorHannah Robert
Class requirements
LectureWeek: 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)."
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.
LectureWeek: 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 element | Comments | % | 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 |