REMEDIES

LAW5RMD

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 or equitable duty. Students will have touched on remedies in almost every other core subject in the Juris Doctor. This subject consolidates and builds upon that existing knowledge and gives students an opportunity to draw together the disparate threads of the Juris Doctor and 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.

School: La Trobe Law School (Pre 2022)

Credit points: 15

Subject Co-ordinator: Oz Susler

Available to Study Abroad/Exchange Students: Yes

Subject year level: Year Level 5 - Masters

Available as Elective: No

Learning Activities: Quiz, Problem Solving in Seminars, Assignment, Exam

Capstone subject: No

Subject particulars

Subject rules

Prerequisites: LAW5FPR AND LAW5PTO

Co-requisites: LAW5RPL

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

Getting to Yes: Negotiating Agreement Without Giving In

Resource Type: Book

Resource Requirement: Recommended

Author: Roger Fisher, William L. Ury, Bruce Patton

Year: N/A

Edition/Volume: Latest edition

Publisher: PENGUIN

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: Latest edition

Publisher: CAMBRIDGE UP

ISBN: N/A

Chapter/article title: N/A

Chapter/issue: N/A

URL: N/A

Other description: N/A

Source location: N/A

Remedies: Commentary and Materials

Resource Type: Book

Resource Requirement: Recommended

Author: Michael Tilbury, Michael Gilooly, Elise Bant, Normann Witzleb

Year: N/A

Edition/Volume: Latest edition

Publisher: LAWBOOK

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

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.
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.
03. Communicate complex legal concepts and doctrines in a succinct and professional manner.
04. Demonstrate professional judgment in assessing which remedies may deliver the best result for a client in a particular situation.

City Campus, 2020, Semester 2, Blended

Overview

Online enrolment: Yes

Maximum enrolment size: N/A

Subject Instance Co-ordinator: Oz Susler

Class requirements

SeminarWeek: 31 - 43
One 2.50 hours seminar per week on weekdays at night from week 31 to week 43 and delivered via face-to-face.

Unscheduled Online ClassWeek: 31 - 43
One 6.00 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.

Assessments

Assessment elementCommentsCategoryContributionHurdle%ILO*

Research Essay (1500 words)

N/AQuizzesIndividualNo25SILO1, SILO2, SILO3, SILO4

Mid-semester assignment (1500 words)

N/AAssignmentIndividualNo25SILO1, SILO2, SILO3, SILO4

Final Examination (3 hour,3000 word equivalent)

N/ACentral examIndividualNo50SILO1, SILO2, SILO3, SILO4