Faculty of Business and Law

School: Law and Justice

This unit information may be updated and amended immediately prior to semester. To ensure you have the correct outline, please check it again at the beginning of semester.

  • Unit Title

    Remedies
  • Unit Code

    LAW4609
  • Year

    2015
  • Enrolment Period

    1
  • Version

    1
  • Credit Points

    15
  • Full Year Unit

    N
  • Mode of Delivery

    On Campus
    Online

Description

This unit focuses on the remedies available to enforce a right or prevent the infringement of a right and considers how to redress or compensate individuals whose rights have been infringed. The unit will examine civil remedies including damages, orders of specific performance, declarations and injunctions.

Prerequisite Rule

Students must pass 2 units from LAW1116, LAW1212

Learning Outcomes

On completion of this unit students should be able to:

  1. Analyse, evaluate and formulate advice in respect of coercive relief and specific performance.
  2. Analyse, evaluate and formulate advice in respect of damages for misleading and deceptive conduct.
  3. Analyse, evaluate and formulate advice in respect of damages on the principle of compensation in the area of torts,
  4. Conduct in-depth analyses of legal problems and advise as to remedies available to injured parties.
  5. Consider and analyse exemplary and restitutionary damages.
  6. Demonstrate an understanding of interlocutory injunctions.
  7. Identify and apply legal principles in relation to remedies.

Unit Content

  1. Certainty, contributory negligence, remoteness.
  2. Compensation in equity.
  3. Compensation in particular situations: personal injury, birth and death.
  4. Compensation in particular situations: property and economic loss.
  5. Concurrent liability: general principles of compensation; causation.
  6. Mitigation, public policy, inflation, tax, overlap, interest.
  7. Nature, scope and goals of remedial law: damages, specific performance, injunctions.
  8. Restitution.

Additional Learning Experience Information

On-campus mode students will attend a weekly 2 hour lecture and 1 hour tutorial. The lecture format is interactive. Students receive detailed lecture summaries and will explore the legal issues arising from each topic. Off-campus students will access the unit via Blackboard. Regular online access is required. All resources are provided via Blackboard. Students participate in weekly tutorial tasks and interactive discussions. Some online tutorials will make use of technology that requires participants to have a headset with microphone.

Assessment

GS1 GRADING SCHEMA 1 Used for standard coursework units

Students please note: The marks and grades received by students on assessments may be subject to further moderation. All marks and grades are to be considered provisional until endorsed by the relevant Board of Examiners.

ON CAMPUS
TypeDescriptionValue
Tutorial PresentationTutorial participation10%
AssignmentAssignment30%
ExaminationFinal examination60%
ONLINE
TypeDescriptionValue
ParticipationTutorial participation10%
AssignmentAssignment30%
ExaminationFinal Examination60%

Text References

  • ^ Covell, W., & Lupton, K. (2012). Principles of remedies (5th ed.) Australia: LexisNexis Butterworth.

^ Mandatory reference


Disability Standards for Education (Commonwealth 2005)

For the purposes of considering a request for Reasonable Adjustments under the Disability Standards for Education (Commonwealth 2005), inherent requirements for this subject are articulated in the Unit Description, Learning Outcomes and Assessment Requirements of this entry. The University is dedicated to provide support to those with special requirements. Further details on the support for students with disabilities or medical conditions can be found at the Access and Inclusion website.

Academic Misconduct

Edith Cowan University has firm rules governing academic misconduct and there are substantial penalties that can be applied to students who are found in breach of these rules. Academic misconduct includes, but is not limited to:

  • plagiarism;
  • unauthorised collaboration;
  • cheating in examinations;
  • theft of other students' work;

Additionally, any material submitted for assessment purposes must be work that has not been submitted previously, by any person, for any other unit at ECU or elsewhere.

The ECU rules and policies governing all academic activities, including misconduct, can be accessed through the ECU website.

LAW4609|1|1

Faculty of Business and Law

School: Law and Justice

This unit information may be updated and amended immediately prior to semester. To ensure you have the correct outline, please check it again at the beginning of semester.

  • Unit Title

    Remedies
  • Unit Code

    LAW4609
  • Year

    2015
  • Enrolment Period

    2
  • Version

    1
  • Credit Points

    15
  • Full Year Unit

    N
  • Mode of Delivery

    On Campus
    Online

Description

This unit focuses on the remedies available to enforce a right or prevent the infringement of a right and considers how to redress or compensate individuals whose rights have been infringed. The unit will examine civil remedies including damages, orders of specific performance, declarations and injunctions.

Prerequisite Rule

Students must pass 2 units from LAW1116, LAW1212

Learning Outcomes

On completion of this unit students should be able to:

  1. Analyse, evaluate and formulate advice in respect of coercive relief and specific performance.
  2. Analyse, evaluate and formulate advice in respect of damages for misleading and deceptive conduct.
  3. Analyse, evaluate and formulate advice in respect of damages on the principle of compensation in the area of torts,
  4. Conduct in-depth analyses of legal problems and advise as to remedies available to injured parties.
  5. Consider and analyse exemplary and restitutionary damages.
  6. Demonstrate an understanding of interlocutory injunctions.
  7. Identify and apply legal principles in relation to remedies.

Unit Content

  1. Certainty, contributory negligence, remoteness.
  2. Compensation in equity.
  3. Compensation in particular situations: personal injury, birth and death.
  4. Compensation in particular situations: property and economic loss.
  5. Concurrent liability: general principles of compensation; causation.
  6. Mitigation, public policy, inflation, tax, overlap, interest.
  7. Nature, scope and goals of remedial law: damages, specific performance, injunctions.
  8. Restitution.

Additional Learning Experience Information

On-campus mode students will attend a weekly 2 hour lecture and 1 hour tutorial. The lecture format is interactive. Students receive detailed lecture summaries and will explore the legal issues arising from each topic. Off-campus students will access the unit via Blackboard. Regular online access is required. All resources are provided via Blackboard. Students participate in weekly tutorial tasks and interactive discussions. Some online tutorials will make use of technology that requires participants to have a headset with microphone.

Assessment

GS1 GRADING SCHEMA 1 Used for standard coursework units

Students please note: The marks and grades received by students on assessments may be subject to further moderation. All marks and grades are to be considered provisional until endorsed by the relevant Board of Examiners.

ON CAMPUS
TypeDescriptionValue
Tutorial PresentationTutorial participation10%
AssignmentAssignment30%
ExaminationFinal examination60%
ONLINE
TypeDescriptionValue
ParticipationTutorial participation10%
AssignmentAssignment30%
ExaminationFinal Examination60%

Text References

  • ^ Covell, W., & Lupton, K. (2012). Principles of remedies (5th ed.) Australia: LexisNexis Butterworth.

^ Mandatory reference


Disability Standards for Education (Commonwealth 2005)

For the purposes of considering a request for Reasonable Adjustments under the Disability Standards for Education (Commonwealth 2005), inherent requirements for this subject are articulated in the Unit Description, Learning Outcomes and Assessment Requirements of this entry. The University is dedicated to provide support to those with special requirements. Further details on the support for students with disabilities or medical conditions can be found at the Access and Inclusion website.

Academic Misconduct

Edith Cowan University has firm rules governing academic misconduct and there are substantial penalties that can be applied to students who are found in breach of these rules. Academic misconduct includes, but is not limited to:

  • plagiarism;
  • unauthorised collaboration;
  • cheating in examinations;
  • theft of other students' work;

Additionally, any material submitted for assessment purposes must be work that has not been submitted previously, by any person, for any other unit at ECU or elsewhere.

The ECU rules and policies governing all academic activities, including misconduct, can be accessed through the ECU website.

LAW4609|1|2