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.
SchoolLa Trobe Law School
Credit points15
Subject Co-ordinatorOz Susler
Available to Study Abroad StudentsYes
Subject year levelYear Level 5 - Masters
Exchange StudentsYes
Subject particulars
Subject rules
Prerequisites LAW5PTO and LAW5FPR
Co-requisites LAW5RPL
Incompatible subjectsN/A
Equivalent subjectsN/A
Special conditionsN/A
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
Select to view your study options…
City Campus, 2020, Semester 2, Blended
Overview
Online enrolmentYes
Maximum enrolment sizeN/A
Enrolment information
Subject Instance Co-ordinatorOz Susler
Class requirements
Seminar
Week:
31
-
43
One 2.5 hours seminar per week
on weekdays
at night
from week 31 to week 43
and delivered via face-to-face.
Unscheduled Online Class
Week:
31
-
43
One 6.0 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.
Assessments
| Assessment element | Comments | % | ILO* |
|---|---|---|---|
| Research Essay (1500 words) | 25 | 01, 02, 03, 04 | |
| Mid-semester assignment (1500 words) | 25 | 01, 02, 03, 04 | |
| Final Examination (3 hour,3000 word equivalent) | 50 | 01, 02, 03, 04 |