LLAW3259 Remedies

2017

4.5

8 x 3.5-hour workshops per semester

1 Admission into BLAWLP-Bachelor of Laws and Legal Practice
1a Admission into BLAWLPR-Bachelor of Laws and Legal Practice
1b Admission into BLAWLPRG-Bachelor of Laws and Legal Practice (Graduate Entry)
1c Admission into BLAWLPRH-Bachelor of Laws and Legal Practice (Honours)
1d Admission into BLAWLPRGH-Bachelor of Laws and Legal Practice (Graduate Entry) (Honours)
1e Admission into BLAWS-Bachelor of Laws
1f Admission into BLAWSH-Bachelor of Laws (Honours)
1g Admission into BLLAW-Bachelor of Laws
1h Admission into BLLAWH-Bachelor of Laws (Honours)
1i Admission into BLLAWFP-Bachelor of Laws - City Campus
1j Admission into BLLAWHFP-Bachelor of Laws (Honours) - City Campus
1k Admission into CLAWBU-Bachelor of Laws/Bachelor of Business - City Campus
1l Admission into CLAWIR-Bachelor of Laws/Bachelor of International Relations and Political Science - City Campus
1m Admission into CLAWIT-Bachelor of Laws/Bachelor of Information Technology - City Campus
1n Admission into CLAWAC-Bachelor of Laws/Bachelor of Accounting - City Campus
1o Admission into CLAWCR-Bachelor of Laws/Bachelor of Criminology - City Campus
1p Admission into CLAWHIR-B Laws (Hons)/B Intl Relations and Political Science
1q Admission into CLAWHIT-B Laws (Hons)/B Information Technology
1r Admission into CLAWHAC-B Laws (Hons)/B Accounting
1s Admission into CLAWHCR-B Laws (Hons)/B Criminology
1t Admission into CLAWHBU-B Laws (Hons)/B Business
2 18 units of second year LLAW topics
Must Satisfy: ((1 or 1a or 1b or 1c or 1d or 1e or 1f or 1g or 1h or 1i or 1j or 1k or 1l or 1m or 1n or 1o or 1p or 1q or 1r or 1s or 1t) and 2)

LLAW3053 has been successfully completed

This topic will review the judicial remedies available in private law. The perspective adopted will be that of remedial goals, namely compensation, restitution, punishment, coercion and urgency. In this way, the topic can cut across the traditional compartments of tort, contract and property on the one hand, and law, equity and statute on the other, so that students will be in a position to evaluate critically the remedial rules in light of the goals which private law seeks to achieve when redressing or preventing legal wrongs.

This topic aims to:

• convey to students awareness, understanding of and the facility to work competently with the rules governing the range of judicial remedies available in private law to redress wrongs
• introduce students to a functional analysis of the law of remedies by providing understanding of the goals and functions of the Australian civil remedial system, including whether and how the system effectively achieves these goals through the remedies it makes available to victims of civil wrongs
• cement students' understanding of the place, significance and operation of principles of equity in the Australian legal system, especially in relation to the law of remedies
• encourage students to develop further their skills in legal research, writing and analysis

It is expected that upon completion of this topic, students will be able to:

• link goals and functions to specific civil remedies available in Australian private law
• identify the remedial issues that arise out of hypothetical factual scenarios that relate to selected wrongs either committed or anticipated
• use accepted forms of legal reasoning and analysis to articulate in persuasive fashion reasoned solutions to issues arising from such scenarios
• explain and, from the perspectives of remedial goals and functions and the distinctions between law and equity, critique the conventional understanding of the operation of the law of remedies
• find and effectively use the sources of law and the products of legal resarch and scholarship