Remedies

This subject has the following teaching availabilities in 2011:

Seminars.

The Melbourne Law School welcomes applications from students with disabilities. It is University and Law School policy to take all reasonable steps to enable the participation of students with disabilities, and reasonable adjustments will be made to enhance a student’s participation in the School’s programs.

The inherent academic requirements for the study in the Melbourne Law School are:

1. The ability to attend classes and actively engage in the analysis of complex materials and debate;
2. The ability to read, analyse and comprehend complex written legal materials and complex interdisciplinary materials;
3. The ability to clearly and independently communicate in writing a knowledge and application of legal principles and interdisciplinary materials and critically evaluate these;
4. The ability to clearly and independently communicate orally a knowledge and application of legal principles and interdisciplinary materials and critically evaluate these;
5. The ability to work independently and as a part of a group;
6. The ability to present orally and in writing legal analysis to a professional standard.

Students must possess behavioural and social attributes that enable them to participate in a complex learning environment. Students are required to take responsibility for their own participation and learning. They also contribute to the learning of other students in collaborative learning environments, demonstrating interpersonal skills and an understanding of the needs of other students. Assessment may include the outcomes of tasks completed in collaboration with other students.

Students who feel their disability will prevent them from participating in tasks involving these inherent academic requirements are encouraged to contact the Disability Liaison Unit: http://www.services.unimelb.edu.au/disability/.

This subject studies 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 1974 (Cth); compensation and damages in equity;
• Coercion (specific performance and injunctions);
• Restitution (the measure of restitution; rescission; accounting for profits; equitable proprietary remedies);
• Punishment in private law (aggravated and exemplary damages).
  

On completion of this subject, students should:

• Understand the principles governing the award of private law remedies;
• Be able to apply the principles to simple and complex hypothetical private law disputes;
• Understand the principal theoretical debates concerning the appropriateness of remedies awarded in private law litigation;
• Assess proposals for the reform of the law of remedies.
  

This subject is not available as a breadth subject.

On completion of the subject, students should have developed the following generic skills:

• The ability to exercise a discretion on the basis of a rational assessment of alternative solutions;
• The ability to read carefully and to analyse a wide range of sources;
• To understand the role of theory and to assess its relevance to problem solving;
• To understand the relevance of policy analysis to decision making;
• The ability to give an accurate and clear account of complex arguments.