730-109 Remedies

Credit Points

Coordinator

Prerequisites

Torts and the Process of Law; History and Philosophy of Law; Constitutional and Administrative Law; Contracts; Property.

Semester

Contact

Subject Description

The course is concerned with the principles of governing the availability of remedies in Australian law and with the extent to which these principles are justified in theory, bearing in mind the approach to remedies in other systems of law, such as civilian systems. The course approaches the principles of remedies through the goals of remedial law. The following nominate remedies are studied: damages, compensation in equity, restitutionary damages, account of profits, exemplary damages, specific performance, injunctions and declarations. The course also considers the operation of remedies in the conflict of laws.

Assessment

Either take-home assignment 1500 words (25%) and Final Exam 2 hours (75%) or research assignment 3000 words (40%) and Final Exam 2 hours (60%).

Prescribed Texts

• Tilbury, Noone and Kercher, Remedies: Commentary and Materials. 2nd ed, Law Book Co, 1993.