This capstone subject studies the objectives and features of private law remedies. Students examine the doctrines underpinning various legal orders, including why different remedial objectives are given a different priority across various areas of private law. Remedies consolidates and builds upon students' existing knowledge of remedies from previous subjects and … For more content click the Read more button below.
This capstone subject studies the objectives and features of private law remedies. Students examine the doctrines underpinning various legal orders, including why different remedial objectives are given a different priority across various areas of private law. Remedies consolidates and builds upon students' existing knowledge of remedies from previous subjects and provides an opportunity to integrate the various remedies, to compare the possible outcomes across different doctrines and areas of law. This subject is broadly structured around the remedial goals of compensation, restitution, gain-based and vindicatory remedies and coercive remedies. In addition to gaining an ability to identify and apply key common law and equitable principles governing remedies, students will be expected to demonstrate their developing professional judgement, in assessing which remedies may best meet the client's interests in a particular situation. Students are expected to develop their critical judgment in assessing and comparing the likely success of potential causes of actions and their associated remedies in fulfilling clients' interests.
Capstones provide students with a way of integrating and applying knowledge and skills gained throughout their course.
No
Academic progress review - Schedule A subject
No
Subject instances
To view instance specific details which include - Assessments, Class requirements and Subject instance coordinators - please select your preferred instance via the drop-down menu at the top right-hand side of this page.
Learning resources
Prescribed - Book - Remedies in Australian Private Law
Title:Remedies in Australian Private Law
Resource requirement:Prescribed
Author/editor:Katy Barnett and Sirko Harder
Edition/volume:Latest
Publisher:Cambridge publication
ISBN:978-1-107-61083-5
Recommended - Book - Remedies: Commentary and Materials
Title:Remedies: Commentary and Materials
Resource requirement:Recommended
Author/editor:Witzleb, Bant, Degeling, Barker
Edition/volume:Latest
Publisher:Thomson Reuters
Career ready
Work based learning (placement):No
Subject intended learning outcomes
On successful completion you will be able to:
1.
Demonstrate advanced knowledge regarding which remedies are available for a particular cause of action using relevant case law and legislation, and explain the appropriate method for calculating compensatory remedies.
2.
Demonstrate high level ability to apply the principles governing remedies to the facts of a dispute and make a reasoned analysis about the likely court outcomes.
3.
Communicate complex legal concepts and doctrines in a succinct and professional manner.
4.
Demonstrate professional judgment in assessing which remedies may deliver the best result for a client in a particular situation.
Learning activities
Quiz, Problem Solving in Seminars, Assignment, Exam
