Monash University Handbook 2011 Postgraduate - Unit

Refer to the specific census and withdrawal dates for the semester(s) in which this unit is offered.

Synopsis

This unit will examine important remedial issues in commercial disputes and how they can be effectively resolved. It bridges the divide between remedies law, civil procedure and dispute resolution. Issues addressed include pre-emptive remedies, enforcement of bargains, damages for economic loss under common law and statute, the resolution of disputes in commercial partnerships and modern strategies for dispute resolution.

Objectives

On completion of the unit a student should:

1. understand the interaction of remedies, civil procedure and dispute resolution in commercial disputes
2. have acquired specific knowledge in the areas of pre-emptive remedies, enforcement of bargains, redress of economic loss, partnership disputes and strategies for dispute resolution
3. be able to critically examine current issues concerning remedies in commercial disputes
4. be able to solve practical problems in commercial disputes and to provide clear and accurate advice to clients.

Assessment

Research assignment (3,750 words): 50%
Take-home examination (3,750 words): 50%

Chief examiner(s)

Dr Normann Witzleb

Contact hours

24 contact hours per teaching period (either intensive, semi-intensive or semester long, depending on the Faculty resources, timetabling and requirements)

Prerequisites

Either LLB or LAW7429 Contract B and LAW7266 Principles of Torts.

Co-requisites

LAW7272 Principles of civil procedure if no LLB.