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Remedies - LAWS3301
Law Books

 
Faculty: Faculty of Law
 
 
School:  Faculty of Law
 
 
Course Outline: See below
 
 
Campus: Kensington Campus
 
 
Career: Undergraduate
 
 
Units of Credit: 6
 
 
EFTSL: 0.12500 (more info)
 
 
Indicative Contact Hours per Week: 3
 
 
Enrolment Requirements:
 
 
Prerequisite: LAWS1001 and LAWS1011 and Corequisite: LAWS2311; Prerequisite: JURD7101 and JURD7111 and Corequisite: JURD7211
 
 
Excluded: JURD7701
 
 
Fee Band: 3 (more info)
 
 
Further Information: See Class Timetable
 
 

Description

The course is principally concerned with the remedial responses to both common law and equitable wrongs. It examines these responses by focusing on the principal objectives of private law remedies: compensation, restitution, punishment and coercion. The course builds on and extends your knowledge of foundational law subjects including the law of torts, the law of contract, the law of equity and principles of property law. Importantly, it provides a way of understanding private law as an integrated whole and allows you to see the links and connections between these contextual categories.


Recommended Prior Knowledge

None

Course Objectives

The aims of The Law of Remedies are to:
  • Enable students to develop an understanding of the remedial responses to private law events
  • Enable students to develop a taxonomic approach to understanding private law events and responses, to integrate their understanding of various private law contextual categories of law
  • Provide students with an understanding of laws which can affect private law remedies
  • Enable students to develop an appreciation of how claims to remedies are balanced with competing interests and values such as the interests of the defendant and the proper administration of justice
  • Become familiar with the policy debates and reform discussions relating to the specific legal topics covered in the course

Main Topics

  • Introduction to Remedies and a Taxonomy of Private Law
  • Compensation for Wrongs (Law)
  • Compensation for Wrongs (Equity)
  • Restitution for Wrongs (Law and Equity)
  • Punishment (Law and Equity)
  • Coercion

Assessment

Class participation 20% (maximisable)
Mid-Semester Exam 30%
Final Exam 50% or 70% (depending on class participation)
 

Course Texts

Prescribed
Michael Tilbury et al., Remedies Commentary and Materials (Fourth edition, Lawbook Co, 2004)

Recommended

Degeling, S, and Edelman, J (eds) Equity In Commercial Law (Thomson, 2005). It is not necessary to purchase this book. There are multiple copies on short loan in the Law Library.

You will need to refer to the Civil Liability Act 2002 (NSW) where appropriate

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© The University of New South Wales (CRICOS Provider No.: 00098G), 2004-2011. The information contained in this Handbook is indicative only. While every effort is made to keep this information up-to-date, the University reserves the right to discontinue or vary arrangements, programs and courses at any time without notice and at its discretion. While the University will try to avoid or minimise any inconvenience, changes may also be made to programs, courses and staff after enrolment. The University may also set limits on the number of students in a course.