units

LAW4644

Faculty of Law

18 September 2017 22 November 2024

print version

This unit entry is for students who completed this unit in 2016 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.

Monash University

6 points, SCA Band 3, 0.125 EFTSL

Undergraduate - Unit

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

Faculty

Law

Offered

Not offered in 2016

Synopsis

This unit takes a comparative approach to the law of remedies for civil wrongs. It examines the treatment of selected remedial issues in various common law jurisdictions.

The topics covered include the following:

  1. Aims and methods of comparative legal studies;
  2. Compensation for non-pecuniary loss in contract and tort;
  3. Effect of contributory negligence in contract and tort;
  4. Liability of multiple wrongdoers;
  5. Gain-based remedies in contract and tort;
  6. Punitive damages in contract and tort;
  7. Vindication as an aim of damages;
  8. Specific relief and personal-service agreements.

Assessment

Class participation (10%); research assignment (max.1500 words) (30%); take home examination (max.3000 words) (60%)

Workload requirements

Minimum total expected workload to achieve the learning outcomes for this unit is 144 hours per semester typically comprising a mixture of scheduled learning activities and independent study. The unit requires on average three/four hours of scheduled activities per week. Scheduled activities may include a combination of teacher directed learning, peer directed learning and online engagement.

See also Unit timetable information

Chief examiner(s)

Associate Professor Normann Witzleb

Prerequisites

LAW1101 Introduction to legal reasoning; LAW1104 Research and writing; LAW2101 Contract A and LAW2102 Contract B, or an equivalent introductory course in contract law at another university; LAW2201 Torts A and LAW2202 Torts B, or an equivalent introductory course in tort law at another university.