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Course

Remedies - LAWS3301

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:

Pre-requisite: Crime & Criminal Process (LAWS1021/JURD7121) & Criminal Laws (LAWS1022/JURD7122) OR Crim. Law 1 (LAWS1001/JURD7101) & Crim. Law 2 (LAWS1011/JURD7111). Co-requisite: Litigation 1 [LAWS2311/ JURD7211] OR Res. Civil Disp. (LAWS2371/JURD7271)

Excluded: JURD7701

CSS Contribution Charge: 3 (more info)

Tuition Fee: See Tuition Fee Schedule

Further Information: See Class Timetable

View course information for previous years.

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
Law Books

Study Levels

Undergraduate Study Postgraudate Study Postgraduate Research Study Non-Award Study

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