law5rmd remedies
REMEDIES
LAW5RMD
2017
Credit points: 15
Subject outline
This is a masters-level capstone subject focused on private law remedies - the doctrines governing the orders a court may make to remedy a breach of legal or equitable duty. Students will have touched on remedies in almost every other core subject in the JD. This subject consolidates and builds upon that existing knowledge and gives students an opportunity to draw together the disparate threads of the JD and to compare the various outcomes possible across different doctrines and areas of law. As well as gaining an ability to identify and apply key common law and equitable principles governing remedies, students will be expected to demonstrate their developing professional judgment in assessing which remedies may best meet the client's interests in a particular situation. The subject is taught in three modules: 1 . Compensatory Remedies: Common Law and statute; 2. Equitable Compensation, Restitution and Vindicatory Remedies; 3. Coercive Remedies. During the Workshops students will apply remedies principles to case study problems using team based learning, and practice negotiations, culminating in a settlement negotiation.
SchoolLa Trobe Law School
Credit points15
Subject Co-ordinatorJoel Butler
Available to Study Abroad StudentsYes
Subject year levelYear Level 5 - Masters
Exchange StudentsYes
Subject particulars
Subject rules
Prerequisites LAW5PMI and LAW5PTO and LAW5FPR
Co-requisitesN/A
Incompatible subjects LAW3REM
Equivalent subjectsN/A
Special conditions Must be admitted to the JD 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 | Michael Tilbury, Michael Gilooly, Elise Bant, Normann Witzleb | LAWBOOK |
Graduate capabilities & intended learning outcomes
01. Demonstrate advanced knowledge regarding which legal or equitable 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 Portfolio, Participation in Settlement Negotiation
02. Demonstrate high level ability to 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 Portfolio, Participation in Settlement Negotiation
03. Communicate complex legal concepts and doctrines in a succinct and professional manner.
- Activities:
- Settlement Negotiation Portfolio, Participation in Settlement Negotiation
04. Demonstrate professional judgment in assessing which remedies may deliver the best result for a client in a particular situation.
- Activities:
- Settlement Negotiation Portfolio, Participation in Settlement Negotiation
Subject options
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City Campus, 2017, Semester 2, Blended
Overview
Online enrolmentYes
Maximum enrolment sizeN/A
Enrolment information
Subject Instance Co-ordinatorJoel Butler
Class requirements
SeminarWeek: 31 - 43
One 2.0 hours seminar per week on weekdays during the day from week 31 to week 43 and delivered via face-to-face.
WorkShopWeek: 32 - 43
Two 4.0 hours workshop per study period on weekends during the day from week 32 to week 43 and delivered via face-to-face.
LectureWeek: 31 - 43
Four 1.0 hours lecture per study period on any day including weekend during the day from week 31 to week 43 and delivered via blended.
Assessments
Assessment element | Comments | % | ILO* |
---|---|---|---|
Multiple Choice quiz at the end of modules 1. (Equivalent to 1000w/student) | 20 | 01, 02 | |
Settlement Negotiation Portfolio (total 6000w in groups, 3000w per student | 70 | 01, 02, 03, 04 | |
Participation in Settlement Negotiation (hurdle requirement - Equivalent to 1000 words) | 10 | 01, 02, 03, 04 |