LAW4522 Remedies
Faculty of Law
LAW4522 Remedies is a level 4, 6-credit-point, undergraduate unit from the Faculty of Law. It isn't offered in 2020. It needs LAW1114, LAW3111, LAW2102, LAW1112, LAW2111, LAW1113 and LAW2112.
- Credit points
- 6
- Offered in 2020
- Not offered
- Assessment
- Exam 40%
- and 1 other task
- Workload
- 144 hours
- per semester
This is the 2020 handbook entry. See the 2027 entry.
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Requisites
Before LAW4522
After LAW4522
No unit lists LAW4522 as a prerequisite in the 2020 handbook.
Enrolment rules
For students enrolled prior to 2015, you must have passed either:
LAW1101, LAW1104, and LAW2102
OR
LAW1112, LAW1113, LAW1114, LAW2102, LAW2111, LAW2112, LAW3111, and LAW3112
Overview
The unit in Remedies will consider the remedial goals of the common law, equity and some important statutes, as well as examine the legal rules and principles which give effect to these goals.
The focus will be on damages and coercive remedies. The course will begin by studying the principles underlying compensation before moving to restitution, punishment and coercion. While it will not be possible to look at every general law remedy, the major topics concerning the assessment of damages in tort and contract, misleading or deceptive conduct and for breach of equitable obligations will be studied.
Among the questions to be considered are:
- With compensatory damages being the primary remedy for many torts and for breach of contract, what role is there for punishment and gain-based damages in our law of civil obligations and what remedies give effect to these goals?
- Why are the compensation rules for tort different from those for contract? How are they different?
- How do the doctrine of mitigation and other limiting factors affect compensation in common law?
- In what ways does the assessment of damages for misleading or deceptive conduct differ from damages in tort and contract?
- Is compensation assessed differently where there is a breach of an equitable obligation? Should it be?
- When are injunctions and specific performance available, and what factors affect their availability?
Offerings in 2020
The 2020 handbook lists no offerings for LAW4522.
Assessment
- Assignment (3000 words)60%
- Final exam (2 hours and 30 minutes)40%
Learning outcomes
When you finish this unit, you should be able to:
- 1
have gained a good understanding of the law of remedies as a legal discipline and an area of practice
- 2
understand and be able to explain the various goals of remedies
- 3
appreciate the interaction between causes of action and remedial responses
- 4
have acquired specific knowledge in the areas of damages for torts, breach of contract and misleading and deceptive conduct; equitable compensation and coercive relief
- 5
have developed a critical understanding of contemporary issues in Remedies Law
- 6
have developed and demonstrated their ability to engage in informed and articulate oral discussions on issues in Remedies Law
- 7
have developed and demonstrated the ability to independently research, analyse and write on issues in Remedies Law
- 8
be able to solve practical problems that involve the Law of Remedies and to prepare clear and accurate written advice for clients
Workload and teaching
- Lectures36 hours
- Teaching approachActive learning
Minimum total expected workload to achieve the learning outcomes for this unit is 144 hours per semester typically comprising a mixture of scheduled learning activities and independent study. The unit requires on average three/four hours of scheduled activities per week. Scheduled activities may include a combination of teacher directed learning, peer directed learning and online engagement.
Learning resources
Required resources
See the Moodle unit page for prescribed and recommended resources. Prescribed texts are usually available for purchase through the University Bookstore and are sometimes available for short-term loan or as eBooks through the library.
Contacts
- Chief Examiners
- Associate Professor Normann Witzleb
Common questions
What are the prerequisites for LAW4522?
You need LAW1114, LAW3111, LAW2102, LAW1112, LAW2111, LAW1113 and LAW2112 before you enrol. Enrolment rules also apply.
When is LAW4522 offered?
LAW4522 has no offerings listed in the 2020 handbook.
How much work is LAW4522?
The handbook expects about 144 hours of study across the semester. No students have rated its difficulty yet.
Does LAW4522 have an exam?
Yes. The exam is worth 40% of the final mark, alongside 1 other task.