REMEDIES

LAW3REM

2020

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 Restitution ARY Remedies.

School: La Trobe Law School (Pre 2022)

Credit points: 15

Subject Co-ordinator: Francine Rochford

Available to Study Abroad/Exchange Students: Yes

Subject year level: Year Level 3 - UG

Available as Elective: No

Learning Activities: N/A

Capstone subject: Yes

Subject particulars

Subject rules

Prerequisites: LAW2CTA AND LAW2TOT AND LAW1LIM AND LAW3ETR AND (LAW2RPT OR LAW2FPL) AND (LAW2CTB OR LAW2CCC)

Co-requisites: N/A

Incompatible subjects: N/A

Equivalent subjects: N/A

Quota Management Strategy: N/A

Quota-conditions or rules: N/A

Special conditions: N/A

Minimum credit point requirement: N/A

Assumed knowledge: N/A

Learning resources

Principles of the Australian Law of Remedies

Resource Type: Book

Resource Requirement: Recommended

Author: by David Wright (Lawbook Co.)

Year: N/A

Edition/Volume: N/A

Publisher: Lawbook Co.

ISBN: N/A

Chapter/article title: N/A

Chapter/issue: N/A

URL: N/A

Other description: N/A

Source location: N/A

Remedies in Australian Private Law

Resource Type: Book

Resource Requirement: Prescribed

Author: Katy Barnett and Sirko Harder

Year: N/A

Edition/Volume: N/A

Publisher: CAMBRIDGE UP latest edition

ISBN: N/A

Chapter/article title: N/A

Chapter/issue: N/A

URL: N/A

Other description: N/A

Source location: N/A

Career Ready

Career-focused: No

Work-based learning: No

Self sourced or Uni sourced: N/A

Entire subject or partial subject: N/A

Total hours/days required: N/A

Location of WBL activity (region): N/A

WBL addtional requirements: N/A

Graduate capabilities & intended learning outcomes

Graduate Capabilities

COMMUNICATION - Communicating and Influencing
INQUIRY AND ANALYSIS - Creativity and Innovation
INQUIRY AND ANALYSIS - Critical Thinking and Problem Solving
INQUIRY AND ANALYSIS - Research and Evidence-Based Inquiry
PERSONAL AND PROFESSIONAL - Adaptability and Self-Management
PERSONAL AND PROFESSIONAL - Ethical and Social Responsibility
PERSONAL AND PROFESSIONAL - Leadership and Teamwork

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.
02. Apply the principles governing remedies to the facts of a dispute and make a reasoned analysis about the likely court outcomes.
03. Clearly communicate complex legal concepts and doctrines in a relevant way.
04. Demonstrate professional judgment in assessing which remedies may deliver the best result for a client in a particular situation.

Bendigo, 2020, Semester 2, Blended

Overview

Online enrolment: Yes

Maximum enrolment size: N/A

Subject Instance Co-ordinator: Francine Rochford

Class requirements

LectureWeek: 31 - 43
Two 1.00 hour lecture per week on weekdays during the day from week 31 to week 43 and delivered via blended.

Supervised ResearchWeek: 32 - 43
One 1.00 hour supervised research per week on weekdays during the day from week 32 to week 43 and delivered via face-to-face.

Unscheduled Online ClassWeek: 31 - 43
One 4.00 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 elementCommentsCategoryContributionHurdle%ILO*

Memo to senior solicitor analysing client's legal position and recorded presentation to client2000 word equivalent

N/AN/AN/ANo40SILO1, SILO2, SILO3, SILO4

2 hour open book final examination2000 word equivalent

N/AN/AN/ANo40SILO1, SILO2, SILO3, SILO4

Online quiz 500 word equivalent

N/AN/AN/ANo20SILO1, SILO2

Melbourne (Bundoora), 2020, Semester 2, Blended

Overview

Online enrolment: Yes

Maximum enrolment size: N/A

Subject Instance Co-ordinator: Francine Rochford

Class requirements

LectureWeek: 31 - 43
Two 1.00 hour lecture per week on weekdays during the day from week 31 to week 43 and delivered via blended.

TutorialWeek: 32 - 43
One 1.00 hour tutorial per week on weekdays during the day from week 32 to week 43 and delivered via face-to-face.

Unscheduled Online ClassWeek: 31 - 43
One 4.00 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 elementCommentsCategoryContributionHurdle%ILO*

Memo to senior solicitor analysing client's legal position and recorded presentation to client2000 word equivalent

N/AN/AN/ANo40SILO1, SILO2, SILO3, SILO4

2 hour open book final examination2000 word equivalent

N/AN/AN/ANo40SILO1, SILO2, SILO3, SILO4

Online quiz 500 word equivalent

N/AN/AN/ANo20SILO1, SILO2

Melbourne (Bundoora), 2020, Week 28-31, Blended

Overview

Online enrolment: Yes

Maximum enrolment size: N/A

Subject Instance Co-ordinator: Francine Rochford

Class requirements

Unscheduled Online ClassWeek: 28 - 31
One 4.00 hours unscheduled online class per study period on any day including weekend during the day from week 28 to week 31 and delivered via online.

WorkShopWeek: 28 - 31
Eight 4.00 hours workshop per study period on weekdays during the day from week 28 to week 31 and delivered via blended.

Assessments

Assessment elementCommentsCategoryContributionHurdle%ILO*

Memo to senior solicitor analysing client's legal position and recorded presentation to client2000 word equivalent

N/AN/AN/ANo40SILO1, SILO2, SILO3, SILO4

2 hour open book final examination2000 word equivalent

N/AN/AN/ANo40SILO1, SILO2, SILO3, SILO4

Online quiz 500 word equivalent

N/AN/AN/ANo20SILO1, SILO2