units

LAW5408

Faculty of Law

18 September 2017 22 November 2024

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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

Postgraduate - Unit

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

Faculty

Law

Quota applies

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

Offered

City (Melbourne)

  • First semester 2016 (On-campus block of classes)

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)

Chief examiner(s)

Dr Normann Witzleb

Prerequisites

LAW5003 and LAW5005

Co-requisites

LAW5013 Principles of litigation and dispute resolution.