Current Controversies in Law of Remedies

Subject 732-709 (2009)

Note: This is an archived Handbook entry from 2009. Search for this in the current handbook

Credit Points:
Level: Graduate/Postgraduate
Dates & Locations: For information about these dates, click here.
Time Commitment: Contact Hours: 24 - 26 contact hours per subject.
Total Time Commitment: The time commitment for this subject depends on the candidates background and experience.
Prerequisites: N.A.
Corequisites: N.A.
Recommended Background Knowledge: None
Non Allowed Subjects: None
Core Participation Requirements: N.A.
Subject Overview:

Objectives:

A student who has successfully completed this subject should:

  • Understand the existing structure of the common law of remedies for breach of contract Be able to evaluate the existing structure of remedies
  • Be aware of the recent academic literature and case law expressing fundamental criticisms of the existing structure of remedies and proposing its reform
  • Be able to apply the recent case law
  • Be able to evaluate the proposed reforms to the existing structure of remedies.

Syllabus:

Principal topics will include:

  • The Fuller and Perdue model of the interests typically recognised by contract and the nature of compensatory damages
  • Quasi-contractual forms of restitution
  • Hypothetical release damages
  • Disgorgement
  • Efficient breach and the function of compensatory damages for breach of contract.
Assessment:
  • Research paper 10,000 words (100%) (15 February 2010) (topic approved by the subject coordinator)
Prescribed Texts: Core subject materials will be provided free of charge to all students. Some subjects require further texts to be purchased. Please visit the subject homepage on the Melbourne Law Masters website by following the link at the bottom of this subject entry.
Breadth Options:

This subject is not available as a breadth subject.
Fees Information: Subject EFTSL, Level, Discipline & Census Date
Generic Skills: Please see the Subject Objectives for this information.
Links to further information: 732-709Current Controversies in Law of RemediesMelbourne Law Masters, postgraduate law, post-graduate law, graduate law2009P

Objectives:

A student who has successfully completed this subject should:

  • Understand the existing structure of the common law of remedies for breach of contract Be able to evaluate the existing structure of remedies
  • Be aware of the recent academic literature and case law expressing fundamental criticisms of the existing structure of remedies and proposing its reform
  • Be able to apply the recent case law
  • Be able to evaluate the proposed reforms to the existing structure of remedies.

Syllabus:

Principal topics will include:

  • The Fuller and Perdue model of the interests typically recognised by contract and the nature of compensatory damages
  • Quasi-contractual forms of restitution
  • Hypothetical release damages
  • Disgorgement
  • Efficient breach and the function of compensatory damages for breach of contract.
  • Research paper 10,000 words (100%) (15 February 2010) (topic approved by the subject coordinator)
N.A. N.A.24 - 26 contact hours per subject.Core subject materials will be provided free of charge to all students. Some subjects require further texts to be purchased. Please visit the subject homepage on the Melbourne Law Masters website by following the link at the bottom of this subject entry.Please see the Subject Objectives for this information.The time commitment for this subject depends on the candidates background and experience.N.A.Please see the subject homepage on the Melbourne Law Masters website for up to date timetable information.LawLawYNNNParkvillePARKVILLEFor the latest information on this subject, please visit: http://www.masters.law.unimelb.edu.au/subject/732709732-7092

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