LAW 3519 - Remedies

North Terrace Campus - Semester 2 - 2016

An examination of general law remedies available. Specific topics will include: (i) common law damages (ii) the declaration (iii) the injunction, including an examination of specific problem areas, for example, balance of convenience, interlocutory injunctions and damages in lieu (iv) specific performance (v) compensation (vi) account of profits.

  • General Course Information
    Course Details
    Course Code LAW 3519
    Course Remedies
    Coordinating Unit Adelaide Law School
    Term Semester 2
    Level Undergraduate Law (LLB)
    Location/s North Terrace Campus
    Units 3
    Contact Up to 3 hours per week
    Available for Study Abroad and Exchange Y
    Prerequisites LAW 1506
    Incompatible LAW 2132
    Restrictions Available to LLB students only
    Course Description An examination of general law remedies available. Specific topics will include: (i) common law damages (ii) the declaration (iii) the injunction, including an examination of specific problem areas, for example, balance of convenience, interlocutory injunctions and damages in lieu (iv) specific performance (v) compensation (vi) account of profits.
    Course Staff

    Course Coordinator: Mr David Wright

    Telephone: 831 34447
    Email: david.wright@adelaide.edu.au 
    Course Timetable

    The full timetable of all activities for this course can be accessed from Course Planner.

  • Learning Outcomes
    Course Learning Outcomes
    Most clients see lawyers wanting  a remedy.  A remedy makes the legal right real.  It isn't much use to have a legal right (eg a tort) without getting access to a remedy.  Remedies are incredibly important to the profession.  A student who has successfully completed Remedies will have:
    1. Knowledge and understanding of the content and techniques of the Law of Remedies at advanced levels that are internationally recognised.
    2. The ability to locate, analyse, evaluate and synthesise information from a wide variety of sources in a planned and timely manner.
    3. An ability to apply effective, creative and innovative solutions, both independently and cooperatively, to current and future problems.
    4. Skills of a high order in interpersonal understanding, teamwork and communication
    University Graduate Attributes

    This course will provide students with an opportunity to develop the Graduate Attribute(s) specified below:

    University Graduate Attribute Course Learning Outcome(s)
    Deep discipline knowledge
    • informed and infused by cutting edge research, scaffolded throughout their program of studies
    • acquired from personal interaction with research active educators, from year 1
    • accredited or validated against national or international standards (for relevant programs)
    1,2,3,4
    Critical thinking and problem solving
    • steeped in research methods and rigor
    • based on empirical evidence and the scientific approach to knowledge development
    • demonstrated through appropriate and relevant assessment
    1,2,3
    Teamwork and communication skills
    • developed from, with, and via the SGDE
    • honed through assessment and practice throughout the program of studies
    • encouraged and valued in all aspects of learning
    2,3,4
    Career and leadership readiness
    • technology savvy
    • professional and, where relevant, fully accredited
    • forward thinking and well informed
    • tested and validated by work based experiences
    1,2,3,4
    Intercultural and ethical competency
    • adept at operating in other cultures
    • comfortable with different nationalities and social contexts
    • Able to determine and contribute to desirable social outcomes
    • demonstrated by study abroad or with an understanding of indigenous knowledges
    1,3,4
    Self-awareness and emotional intelligence
    • a capacity for self-reflection and a willingness to engage in self-appraisal
    • open to objective and constructive feedback from supervisors and peers
    • able to negotiate difficult social situations, defuse conflict and engage positively in purposeful debate
    2,4
  • Learning Resources
    Required Resources
    The text for this subject is Wright Remedies (2nd, Federation Press,2013).
    Recommended Resources
    Other useful books include the little book by Covell and Lupton Principles of Remedies (5th edition). The chapters on remedies in Meagher, Gummow and Lehane; Equity Doctrines and Remedies (4th ed.) are extremely good, as are the chapters in Heydon and Loughlan Cases and Materials on Equity and Trusts (6th ed). Remedies (2nd ed) by Kercher and Noone is useful (but old) and Tilbury’s Civil Remedies Volumes One and Two is extremely thorough, as are the three volumes on American law by Dobbs Law of Remedies (2nd ed). Spry The Principles of Equitable Remedies (10th ed) is good but it only deals with some equitable remedies.
    Online Learning
    Although I intend to record all lectures on MyUni, attendance at all lectures is strongly encouraged as being essential to obtaining successful outcomes from the course.
  • Learning & Teaching Activities
    Learning & Teaching Modes

    The class will be taught by lectures and seminars. As time is limited, we will examine only the major remedies (if there is time at the end of the course, we will examine some minor doctrines).

    Topic One: Introduction
    Topic Two: Compensation

    1. Tortious Damages
    2. Contractual Damages
    3. Restitution
    4. Equitable Compensation
    Topic Three: Gain Stripping
    1. Account of Profits
    Topic Four: Coercion
    1. Injunctions
    2. Specific Performance
    Workload

    The information below is provided as a guide to assist students in engaging appropriately with the course requirements.

    The University expects that full-time students (that is, those who are taking 12 units per semester) will devote a total of 40-48 hours per week to their studies during the semester, which totals (approximately) 580 hours per semester. As this is a 3 unit subject and that usually a student is undertaking 12 units, then the student should spend approximately 145 hours studying this subject. It is obvious that class time only constitutes a small fraction of this total. Therefore, a student should expect to spend much additional time in private study. Further, this additional time will be expected of the student.

    The lectures in the subject will provide a general introduction to and overview of the material covered in that topic. Seminars will help to develop your understanding of the topics.  But your private study time is an essential component of your learning in this course where you can extend, examine and apply the information and material addressed in the topic.

    As this subject consolidates and extends what you have learnt in many compulsory courses (such as Contract, Torts, Property and Equity), it is essential that you refresh your memory of the compulsory courses before lectures in this subject begins.
    Learning Activities Summary
    Topic One: Introduction
    Topic Two: Compensationl
    Topic Three: Gain Stripping
    Topic Four: Coercion
  • Assessment

    The University's policy on Assessment for Coursework Programs is based on the following four principles:

    1. Assessment must encourage and reinforce learning.
    2. Assessment must enable robust and fair judgements about student performance.
    3. Assessment practices must be fair and equitable to students and give them the opportunity to demonstrate what they have learned.
    4. Assessment must maintain academic standards.

    Assessment Summary
    It is proposed that the assessment of this subject consists of the two pieces of work. The first is a case analysis. There will be two cases. All students must do the analysis of the two cases. That is, each student will do two case analyses. Each case analysis will be 1000 words in length. Only one of these will be marked. The mark for the first piece of assessment will constitute 30% of the final mark. The second piece of work involves the student writing an essay. The essay will be a non-redeemable piece of assessment of 2000 words, worth 70% of their mark.

    Assessment Item % of final mark Due date Group or individual assessment Redeemable Learning Outcomes
    Case Analysis 30% 19th September at 2.00pm Individual No 1, 2, 3, 4,5
    Research Essay 70% Monday 7th November 2.00pm. Individual No 1,2, 3, 4,5
    Assessment Detail

    It is proposed that the assessment of this subject consists of the two pieces of work. The first is a case analysis. Each case analysis will be 1000 words in length. The mark for the first piece of assessment will constitute 30% of the final mark. The second piece of work involves student writing an essay. The essay will be a non-redeemable piece of assessment of 2000 words, worth 70% of their mark.

    The first piece of assessment involves a case analysis. This will require students to write two 1000 word pieces of case analysis (that is, students will write a total of 2,000 words). However, only one will be marked and returned to students. Generic feedback will be provided on the case which is not assessed. The cases will be distributed to students early in the course and will be due on the 19th September at 2.00pm. As two components (that is, two casenotes) constitute this first piece of assessment, the date of submission for both casenotes will be when the last casenote of the two is submitted. For example, if one casenote is submitted on the 20th but the other casenote is not submitted until the 25th then both casenotes will be marked as if they were submitted on the 25th.

    The second piece of assessment is in the form an essay question. Primarily this question will be based on the material covered in lectures. This requires limited research as the question involve an answer which is built on, but extend, what has been covered in lectures. Therefore it absolutely essential that students attended lectures in this course. The essay question(s) will be distributed by the end of the course. They will be made available on MyUni on Friday 4th November. The due date of the second piece of assessment is Monday 7th November 2.00pm.

    Breaches of due date requirement, without an extension, may be penalized in accordance with Law School policy. Late penalties will be enforced at 5% of the marks available per day or part thereof. If seeking an extension the Law School policy must be followed.

    The word limit for both pieces of assessment include all footnotes. This limit MUST be observed. Breaches of the word limit may be penalized in accordance with Law School policy. Assignments which exceed the allocated length (word limit or page limit) will be subject to a penalty of 5% of total marks available per 100 words or part thereof (ie an essay graded 63% will have 5% deducted if it is 2001 words long, for a final grade of 58%, 10% if it is 2101 words long, etc). Words are calculated including all footnotes and headings within the text but excluding cover page information. Quotations and all referencing information are included in the word count.

    Essay Guidelines for Referencing

    The essay is required to comply with The Australian Guide to Legal Citation. This is available at:
    http://mulr.law.unimelb.edu.au/go/aglc 

    Return of Essays and Feedback
    All pieces of assessment will be returned to students within three weeks of the due date with written feedback.

    Submission

    Presentation of Essays

    • Students MUST retain a copy of any submitted essay
    • Essays MUST be submitted electronically
    Course Grading

    Grades for your performance in this course will be awarded in accordance with the following scheme:

    M10 (Coursework Mark Scheme)
    Grade Mark Description
    FNS   Fail No Submission
    F 1-49 Fail
    P 50-64 Pass
    C 65-74 Credit
    D 75-84 Distinction
    HD 85-100 High Distinction
    CN   Continuing
    NFE   No Formal Examination
    RP   Result Pending

    Further details of the grades/results can be obtained from Examinations.

    Grade Descriptors are available which provide a general guide to the standard of work that is expected at each grade level. More information at Assessment for Coursework Programs.

    Final results for this course will be made available through Access Adelaide.

  • Student Feedback

    The University places a high priority on approaches to learning and teaching that enhance the student experience. Feedback is sought from students in a variety of ways including on-going engagement with staff, the use of online discussion boards and the use of Student Experience of Learning and Teaching (SELT) surveys as well as GOS surveys and Program reviews.

    SELTs are an important source of information to inform individual teaching practice, decisions about teaching duties, and course and program curriculum design. They enable the University to assess how effectively its learning environments and teaching practices facilitate student engagement and learning outcomes. Under the current SELT Policy (http://www.adelaide.edu.au/policies/101/) course SELTs are mandated and must be conducted at the conclusion of each term/semester/trimester for every course offering. Feedback on issues raised through course SELT surveys is made available to enrolled students through various resources (e.g. MyUni). In addition aggregated course SELT data is available.

  • Student Support
    The University Writing Centre provides academic learning and language development services and resources for local, international, undergraduate and postgraduate coursework students enrolled at the University of Adelaide.

    Practical advice and strategies for students to master reading, writing, note-taking, time management, oral presentation skills, referencing techniques and exam preparation for success at university through seminars, workshops and individual consultations.

    For more information please check out the Writing Centre website at http://www.adelaide.edu.au/writingcentre/  

    Lex Salus Program

    Lex Salus was founded in 2013 by Adelaide Law School Wellbeing officers Ms Corinne Walding, Ms Kellie Toole and Dr Mark Giancaspro. Lex Salus is an initiative of the Adelaide Law School aimed at raising law student awareness of the importance of mental, physical and nutritional health across all year levels of the degree, and of the various counselling, disability and equity services both within and outside the University that can provide help. Research shows that law students, both in Australia and in many jurisdictions around the world, experience the highest levels of stress, anxiety and depression out of any other discipline. Many do not get enough sleep, maintain a healthy diet or achieve a realistic work/life balance. Making matters worse, they are unwilling or afraid to speak up for fear of feeling 'weak' or because of the negative stigma that attaches to seeking help. Lex Salus is dedicated to tackling these problems head-on.

    Counselling Service

    The University Counselling Service provides a free and confidential service to all enrolled students. We encourage you to contact the Counselling service on 8313 5663 to make an appointment to deal with any issues that may be affecting your study and life. More information is available at https://www.adelaide.edu.au/counselling_centre/.
  • Policies & Guidelines

    This section contains links to relevant assessment-related policies and guidelines - all university policies.

    Further information regarding the Law School Policies and Procedures in relation to Supplementary Assessment, Extensions, and Remarks etc can be found at:

    https://unified.adelaide.edu.au/group/law-school/policies-and-procedures

    Plagiarism and other forms of cheating

    Plagiarism is a serious act of academic misconduct. All students must be familiar with the Adelaide Law School Enrolment Guide, and should note in particular the sections relating to plagiarism, grievance procedures and academic conduct within the Law School and the University.

    Plagiarism is a serious matter and is treated as such by the Law School and the University. Please be aware that “academic dishonesty” (which goes beyond plagiarism) can be a ground for a refusal by the Supreme Court of South Australia to refuse to admit a person to practice as a legal practitioner in South Australia.

    Academic honesty is an essential aspect of ethical and honest behaviour, which is central to the practice of the law and an understanding of what it is to be a lawyer.
  • Fraud Awareness

    Students are reminded that in order to maintain the academic integrity of all programs and courses, the university has a zero-tolerance approach to students offering money or significant value goods or services to any staff member who is involved in their teaching or assessment. Students offering lecturers or tutors or professional staff anything more than a small token of appreciation is totally unacceptable, in any circumstances. Staff members are obliged to report all such incidents to their supervisor/manager, who will refer them for action under the university's student’s disciplinary procedures.

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