730-453 Remedies

Credit Points

12.5

Coordinator

Associate Professor A Robertson

Prerequisites

Legal Method and Reasoning; Principles of Public Law; Torts; Obligations; Contracts; Property

Corequisites

Trusts

Semester

2 (view timetable)

Contact

Estimated total time commitment of 144 hours. Includes two 2-hour seminars per week

Subject Description

This subject involves a study of the nature, goals and structure of private law remedies and is organised around the remedial goals of compensation, coercion, restitution and punishment. Topics will include:

  • compensation (damages for breach of contract; compensatory remedies under the Trade Practices Act; compensation and damages in equity);

  • coercion (specific performance and injunctions);

  • restitution (the measure of restitution, rescission, account of profits, equitable proprietary remedies);

  • punishment in private law (aggravated and exemplary damages).

Assessment

Final open-book examination three hours 100%.

Prescribed Texts

Printed materials will be issued by the Faculty of Law.

  • Tilbury, Noone & Kercher, Remedies: Commentary and Materials. 4th ed. 2004.


Status:                   Official 2007
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