units

LAW5408

Faculty of Law

18 September 2017 22 November 2024
Monash University

Postgraduate - Unit

This unit entry is for students who completed this unit in 2015 only. For students planning to study the unit, please refer to the unit indexes in the the current edition of the Handbook. If you have any queries contact the managing faculty for your course or area of study.

print version

6 points, SCA Band 3, 0.125 EFTSL

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

LevelPostgraduate
FacultyFaculty of Law
OfferedNot offered in 2015

Quota applies

Postgraduate programs are based on a model of small group teaching and therefore class sizes need to be restricted.

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.

Outcomes

On completion of this unit, students will be able to:

  • Apply knowledge and understanding of recent developments in, the law of remedies in commercial disputes with creativity and initiative to new situations in professional practice and/or for further learning;
  • Investigate, analyse and synthesise complex information, problems, concepts and theories in relation to remedies in commercial disputes;
  • Conduct research in the law of remedies in commercial disputes, based on knowledge of appropriate research principles and methods;
  • Use cognitive, technical and creative skills to generate and evaluate at an abstract level complex ideas and concepts relevant to remedies in commercial disputes.

Assessment

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

Workload requirements

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

Prerequisites

LAW5003 and LAW5005

Co-requisites

LAW5013 Principles of litigation and dispute resolution.