LAWS3348 Remedies

The availability of units in Semester 1, 2, etc. was correct at the time of going to press but may be subject to change.

Credit: 6 points Availability: Semester 1 Old unit code: 200.348

Outcomes: Students are able to (1) gain a good understanding of the law of remedies; (2) understand and explain the various goals of remedies; (3) appreciate the interaction between causes of action and remedial responses; (4) acquire specific knowledge in the areas of damages for torts, breach of contract and misleading and deceptive conduct, equitable compensation and coercive relief; (5) develop a critical understanding of contemporary issues in remedies law; (6) engage in informed and articulate oral discussions on issues in remedies law; (7) develop and demonstrate their ability to independently research, analyse and write on issues in remedies law; and (8) solve practical problems that involve the law of remedies and to prepare clear and accurate written advice for clients.

Content: This unit provides students with some understanding of the remedial goals of the general law and some important statutes, and the legal rules and principles which give effect to these goals. It is not possible to delve into great detail; however, some areas are presented in greater detail relative to other areas.

While students are unable to look at every common law remedy, they study the major topics concerning the assessment of damages in tort and contract, misleading or deceptive conduct and equitable remedies. Students also study a number of special topics such as apologies as a private remedy and a number of public law/political remedies for historical injustices.

Assessment: Students are required to take part in a mooting exercise (25 per cent) and a final examination (75 per cent).

Supplementary assessment is not available in this unit except in the case of a bachelor's pass degree student who has obtained a mark of 45 to 49 and is currently enrolled in this unit, and it is the only remaining unit that the student must pass in order to complete their course.

Unit Co-ordinator(s): Dr Antonio Buti

Location: UWA (Crawley)

Mode: on-campus

Unit Rules:

Prerequisites: LAWS1102 Contract II and LAWS1108 Torts II

Advisable prior study: LAWS2202 Equity

Contact hours—seminars: 2 hrs per week; tutorials: 1 hr per fortnight

Unit Web Page: http://www.uwa.edu.au/page/103737

Note: Some unit web pages are still under construction and will be available in 2009.

Texts

There is no single required text. However, some of the seminars frequently refer to:

Covell, W. and Lupton, K. Principles of Remedies, 3rd ed.: LexisNexis Australia 2005 (or latest edition)

Tilbury, M. et al. Remedies: Commentary and Materials, 4th ed.: Lawbook Co. 2004 (or latest edition)

Assistance with study skills, including English language skills, is available free of charge from Student Services for all enrolled students (see http://www.studysmarter.uwa.edu.au/). Student Services location: Second Floor, South Wing, Guild Village; telephone: 6488 2423.

Books and other material wherever listed may be subject to change. Book lists relating to 'Preliminary Reading', 'Recommended Reading' and 'Textbooks' are, in most cases, available at the University Co-operative Bookshop (from early January) and appropriate administrative offices for students to consult. For first-year units the Bookshop will endeavour to make available photocopies of book lists for individual units. Books marked with an asterisk (*) are available in paperback.

Unit Resources

Unit Coordinator

Dr Antonio Buti