LAW5601 - Comparative remedies - 2017

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 to be covered are likely to include: aims and methods of comparative legal studies; compensation for non-pecuniary loss in contract and tort; liability of multiple wrongdoers; gain-based remedies in contract and tort; punitive damages in contract and tort; and vindication as an aim of damages; and specific relief and personal service agreements.

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

• apply knowledge and understanding of different approaches to selected remedial issues with creativity and initiative to new situations for further learning;
• investigate, analyse and synthesise complex information, problems, concepts and theories in relation to the role that the law of civil remedies, both in general law and under statute, has in the wider context of law and society, and how social policy goals are asserted through various legal doctrines;
• conduct research into different conceptions to similar remedial problems experienced in a common law or civil law jurisdictions, based on knowledge of appropriate research principles and methods; and
• use cognitive, technical and creative skills to generate and evaluate complex ideas relating to the law of remedies for civil wrongs in various jurisdictions.

Research assignment (3,750 words): 50%

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

Students enrolled in this unit will be provided with 24 contact hours of seminars per semester [in Prato they will have 36 contact hours] whether intensive, semi-intensive, or semester-long offering. Students will be expected to do reading set for class, and to undertake additional research and reading applicable to a 6 credit point unit.

Associate Professor Normann Witzleb Research ProfileResearch Profile (http://monash.edu/research/people/profiles/profile.html?sid=13449&pid=4408)