Contract Damages

Subject LAWS70087 (2011)

Note: This is an archived Handbook entry from 2011.

Credit Points: 12.50
Level: 7 (Graduate/Postgraduate)
Dates & Locations:

This subject has the following teaching availabilities in 2011:

March, Parkville - Taught on campus.
Pre-teaching Period Start not applicable
Teaching Period not applicable
Assessment Period End not applicable
Last date to Self-Enrol not applicable
Census Date not applicable
Last date to Withdraw without fail not applicable


Timetable can be viewed here. For information about these dates, click here.
Time Commitment: Contact Hours: The total class time is between 24 and 26 hours.
Total Time Commitment: Not available
Prerequisites:

Prior studies in contract law or relevant experience.
Corequisites: Visit the Melbourne Law Masters website for more information about this subject.
Recommended Background Knowledge: Visit the Melbourne Law Masters website for more information about this subject.
Non Allowed Subjects: Visit the Melbourne Law Masters website for more information about this subject.
Core Participation Requirements: Visit the Melbourne Law Masters website for more information about this subject.

Contact

For more information, contact the Melbourne Law Masters office.

Email law-masters@unimelb.edu.au or phone +61 3 8344 6190.

Alternatively, visit our website:

www.masters.law.unimelb.edu.au

Subject Overview:

The subject examines the law of contract damages with an emphasis on a comparative and transnational perspective.

Principal topics will include:

  • The definition and purpose of damages. This will set contract damages in their theoretical and taxonomical context with a detailed consideration of the theoretical underpinnings of the law of contract damages
  • The basic measures of contract damages, including compensatory measures (the expectation and reliance measure) and non-compensatory measures (nominal damages, gain-based damages and punitive damages)
  • Recoverability of losses, including a discussion of the recoverability of damages for loss of profit, loss of reputation, loss of a chance, currency losses, legal costs and non-pecuniary losses
  • The methods of limiting contract damages, including certainty, remoteness (causation and foreseeability) mitigation and contributory negligence
  • The assessment of damages. This will discuss common problems in the assessment of damages, including standard of proof, abstract/concrete methods of calculation, quantifying lost expectation, exchange rate fluctuations and avoided loss.
Objectives:

A student who has successfully completed this subject should:

  • Understand the normative principles that underlie the law of damages
  • Have a workable analytic framework for understanding the law of damages
  • Be aware of and able to engage with recent debate on the different measures of contract damages, the recoverability of losses and methods of limitation
  • Have a thorough practical knowledge and understanding of the methods of assessment and be able to apply these to factual situations
  • Understand contract damages in a transnational (Unidroit and CISG) and comparative perspective and be able to use this perspective for a critical analysis of domestic law.
Assessment:

Visit the Melbourne Law Masters website for more information about this subject.
Prescribed Texts: Core subject materials will be provided free of charge to all students. Some subjects require further texts to be purchased. Visit the Melbourne Law Masters website for more information about this subject.
Breadth Options:

This subject is not available as a breadth subject.
Fees Information: Subject EFTSL, Level, Discipline & Census Date

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