REMEDIES

LAW3REM

2019

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.

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 or LAW2CNT) and (LAW2CTB or LAW2CCC) and (LAW2FPL or LAW2RPT or LAW2PRP) and (LAW3ETR or LAW3EQT)

Co-requisitesN/A

Incompatible subjectsN/A

Equivalent subjectsN/A

Special conditionsN/A

Readings

Resource TypeTitleResource RequirementAuthor and YearPublisher
ReadingsRemedies in Australian Private LawPrescribedKaty Barnett and Sirko HarderCAMBRIDGE UP latest edition
ReadingsGetting to Yes: Negotiating Agreement Without Giving InRecommendedRoger Fisher, William L. Ury, Bruce PattonPENGUIN, 3RD ED 2011
ReadingsRemedies: Commentary and MaterialsRecommendedNormann Witzleb, Elise Bant, Simone Degeling, Kit BarkerLAWBOOK, latest edition

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, Memo, Letter of Advice, Settlement Negotiation
Related graduate capabilities and elements:
Literacies and Communication Skills (Writing,Speaking)
Literacies and Communication Skills (Writing,Speaking)
Inquiry and Analytical Skills (Critical Thinking,Creative Problem-solving,Inquiry/Research)
Inquiry and Analytical Skills (Critical Thinking,Creative Problem-solving,Inquiry/Research)
Inquiry and Analytical Skills (Critical Thinking,Creative Problem-solving,Inquiry/Research)
Personal and Professional Skills (Teamwork including leadership and working in groups,Ethical behaviour,Adaptability Skills,Study and Learning 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, Memo, Letter of Advice, Settlement Negotiation
Related graduate capabilities and elements:
Literacies and Communication Skills (Writing,Speaking)
Literacies and Communication Skills (Writing,Speaking)
Inquiry and Analytical Skills (Critical Thinking,Creative Problem-solving,Inquiry/Research)
Inquiry and Analytical Skills (Critical Thinking,Creative Problem-solving,Inquiry/Research)
Inquiry and Analytical Skills (Critical Thinking,Creative Problem-solving,Inquiry/Research)
Personal and Professional Skills (Teamwork including leadership and working in groups,Ethical behaviour,Adaptability Skills,Study and Learning Skills)

03. Clearly communicate complex legal concepts and doctrines in a relevant way.

Activities:
Memo, Letter of Advice, Settlement Negotiation
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,Ethical behaviour,Adaptability Skills,Study and Learning Skills)
Personal and Professional Skills (Teamwork including leadership and working in groups,Ethical behaviour,Adaptability Skills,Study and Learning Skills)

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

Activities:
Letter of Advice, Settlement Negotiation
Related graduate capabilities and elements:
Literacies and Communication Skills (Writing,Speaking)
Literacies and Communication Skills (Writing,Speaking)
Inquiry and Analytical Skills (Critical Thinking,Creative Problem-solving,Inquiry/Research)
Inquiry and Analytical Skills (Critical Thinking,Creative Problem-solving,Inquiry/Research)
Inquiry and Analytical Skills (Critical Thinking,Creative Problem-solving,Inquiry/Research)
Personal and Professional Skills (Teamwork including leadership and working in groups,Ethical behaviour,Adaptability Skills,Study and Learning Skills)
Personal and Professional Skills (Teamwork including leadership and working in groups,Ethical behaviour,Adaptability Skills,Study and Learning Skills)

Subject options

Select to view your study options…

Start date between: and    Key dates

Bendigo, 2019, Semester 2, Blended

Overview

Online enrolmentYes

Maximum enrolment sizeN/A

Enrolment information

Subject Instance Co-ordinatorHannah Robert

Class requirements

Lecture Week: 31 - 43
One 1.0 hours lecture per week on weekdays during the day from week 31 to week 43 and delivered via blended.

Seminar Week: 32 - 43
Nine 2.0 hours seminar per study period on weekdays during the day from week 32 to week 43 and delivered via face-to-face.

Unscheduled Online Class Week: 31 - 43
One 4.0 hours unscheduled online class per study period on any day including weekend during the day from week 31 to week 43 and delivered via online.
"Online equivalent of four one hour lectures"

Assessments

Assessment elementComments% ILO*
Pre-negotiation Memo to senior solicitor analysing client's legal position (MAX 1400w)Memo, Letter of Advice and Draft Heads of Agreement are assessed together as a Settlement Negotiation Portfolio.30 01, 02, 03
Post-Negotiation Letter of advice to client (MAX 1400w)Memo, Letter of Advice and Draft Heads of Agreement are assessed together as a Settlement Negotiation Portfolio.30 01, 02, 03, 04
Draft Heads of Agreement (MAX 1200w)Memo, Letter of Advice and Draft Heads of Agreement are assessed together as a Settlement Negotiation Portfolio.10 03, 04
Final Settlement Negotiation (30-45 minutes)10 01, 02, 03, 04
Quiz (500 word eqv)Please note that this is treated as an in-class exam, and alternative times cannot be arranged unless special consideration application has been awarded.20 01, 02

Melbourne, 2019, Semester 2, Blended

Overview

Online enrolmentYes

Maximum enrolment sizeN/A

Enrolment information

Subject Instance Co-ordinatorHannah Robert

Class requirements

Lecture Week: 31 - 43
One 1.0 hours lecture per week on weekdays during the day from week 31 to week 43 and delivered via blended.

Seminar Week: 32 - 43
Nine 2.0 hours seminar per study period on weekdays during the day from week 32 to week 43 and delivered via face-to-face.

Unscheduled Online Class Week: 31 - 43
One 4.0 hours unscheduled online class per study period on any day including weekend during the day from week 31 to week 43 and delivered via online.
"Online equivalent of four one hour lectures"

Assessments

Assessment elementComments% ILO*
Pre-negotiation Memo to senior solicitor analysing client's legal position (MAX 1400w)Memo, Letter of Advice and Draft Heads of Agreement are assessed together as a Settlement Negotiation Portfolio.30 01, 02, 03
Post-Negotiation Letter of advice to client (MAX 1400w)Memo, Letter of Advice and Draft Heads of Agreement are assessed together as a Settlement Negotiation Portfolio.30 01, 02, 03, 04
Draft Heads of Agreement (MAX 1200w)Memo, Letter of Advice and Draft Heads of Agreement are assessed together as a Settlement Negotiation Portfolio.10 03, 04
Final Settlement Negotiation (30-45 minutes)10 01, 02, 03, 04
Quiz (500 word eqv)Please note that this is treated as an in-class exam, and alternative times cannot be arranged unless special consideration application has been awarded.20 01, 02