REMEDIES

LAW5RMD

2021

Credit points: 15

Subject outline

This capstone subject studies the objectives and features of private law remedies. Students examine the doctrines underpinning various legal orders, including why different remedial objectives are given a different priority across various areas of private law. Remedies consolidates and builds upon students' existing knowledge of remedies from previous subjects and provides an opportunity to integrate the various remedies, to compare the possible outcomes across different doctrines and areas of law. This subject is broadly structured around the remedial goals of compensation, restitution, gain-based and vindicatory remedies and coercive remedies. In addition to gaining an ability to identify and apply key common law and equitable principles governing remedies, students will be expected to demonstrate their developing professional judgement, in assessing which remedies may best meet the client's interests in a particular situation. Students are expected to develop their critical judgment in assessing and comparing the likely success of potential causes of actions and their associated remedies in fulfilling clients' interests.

SchoolLa Trobe Law School

Credit points15

Subject Co-ordinatorOz Susler

Available to Study Abroad/Exchange StudentsYes

Subject year levelYear Level 5 - Masters

Available as ElectiveNo

Learning ActivitiesQuiz, Problem Solving in Seminars, Assignment, Exam

Capstone subjectNo

Subject particulars

Subject rules

PrerequisitesLAW5FPR AND LAW5PTO

Co-requisitesLAW5RPL

Incompatible subjectsN/A

Equivalent subjectsN/A

Quota Management StrategyN/A

Quota-conditions or rulesN/A

Special conditionsN/A

Minimum credit point requirementN/A

Assumed knowledgeN/A

Learning resources

Remedies in Australian Private Law

Resource TypeBook

Resource RequirementPrescribed

AuthorKaty Barnett and Sirko Harder

YearN/A

Edition/VolumeLatest

PublisherCambridge publication

ISBN978-1-107-61083-5

Chapter/article titleN/A

Chapter/issueN/A

URLN/A

Other descriptionN/A

Source locationN/A

Remedies: Commentary and Materials

Resource TypeBook

Resource RequirementRecommended

AuthorWitzleb, Bant, Degeling, Barker

YearN/A

Edition/VolumeLatest

PublisherThomson Reuters

ISBNN/A

Chapter/article titleN/A

Chapter/issueN/A

URLN/A

Other descriptionN/A

Source locationN/A

Career Ready

Career-focusedNo

Work-based learningNo

Self sourced or Uni sourcedN/A

Entire subject or partial subjectN/A

Total hours/days requiredN/A

Location of WBL activity (region)N/A

WBL addtional requirementsN/A

Graduate capabilities & intended learning outcomes

Graduate Capabilities

Intended Learning Outcomes

01. Demonstrate advanced knowledge regarding 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. 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.

Subject options

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Start date between: and    Key dates

City Campus, 2021, Semester 2, Blended

Overview

Online enrolmentYes

Maximum enrolment sizeN/A

Subject Instance Co-ordinatorHannah Robert

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*

Online Quiz (750 words equivalent)

N/AQuizzesIndividualNo15 SILO1, SILO2

Assignment (2500 words)

N/AAssignmentIndividualNo35 SILO2, SILO3, SILO4

Final Examination (3 hours, 3000 words equivalent)

N/ACentral examIndividualNo50 SILO1, SILO2, SILO3, SILO4