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LAWS8027 – Law of Obligations III - Remedies

2022 – Session 1, Online-scheduled-weekday

General Information

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Unit convenor and teaching staff Unit convenor and teaching staff
Dr Amanda Head
Contact via iLearn
Consultation: Wednesday 1pm-2pm or by appointment
Credit points Credit points
10
Prerequisites Prerequisites
(LAWS803 or LAWS8030) and (LAWS806 or LAWS8006)
Corequisites Corequisites
Co-badged status Co-badged status
Unit description Unit description
Remedies brings the doctrinal private law areas of tort, contract and equity together, providing an analytical framework for exploring the interrelationship between rights and liabilities analysed in these areas and the remedies that are available to enforce them. Students will comprehensively compare the remedies available in common law (contract and tort) and equity and the effects of statute on these remedial responses. Remedies is organised according to self-help remedies, such as rescission, and judicial remedies, with the latter categorised according to (i) clarification of rights and pre-trial orders; (ii) monetary orders underpinned by the goals of compensation or gains-based recovery; (iii) punishment and (iv) coercion. This unit 'closes the circle,' bringing together the disparate elements of previous doctrinal units, refreshing, consolidating and extending prior study as a bridge into legal practice. Having a coherent understanding of the different remedial possibilities enables a practitioner to start with the client's desired outcome and work back to select the appropriate cause(s) of action. It also serves as a bridge between the identification of private law rights and liabilities and the practicalities of litigation to obtain the appropriate judicial order, a matter developed in subsequent units dealing with the rules of evidence and practice and procedure.

Important Academic Dates

Information about important academic dates including deadlines for withdrawing from units are available at https://www.mq.edu.au/study/calendar-of-dates

Learning Outcomes

On successful completion of this unit, you will be able to:

  • ULO1: Demonstrate a detailed and thorough knowledge of legal principles relating to the law on remedies.
  • ULO2: With reference to a range of common law, equitable and statutory remedies, identify and propose reforms for a more just remedial system of law.
  • ULO3: Analyse complex factual situations involving different types of remedies and apply relevant legal principles to solving complex legal problems.
  • ULO4: Formulate, present and evaluate oral and written arguments on theoretical issues, drawing upon relevant legal authorities and policy considerations.

General Assessment Information

Students should be aware of and apply the University policy on academic honesty.

Unless a Special Consideration request has been submitted and approved, (a) a penalty for lateness will apply – 10 marks out of 100 credit will be deducted per day for assignments submitted after the due date – and (b) no assignment will be accepted seven days (incl. weekends) after the original submission deadline.

No late submissions will be accepted for timed assessments - e.g. quizzes, online tests.

All assessments are submitted electronically. Turnitin plagiarism detection software is used to check all written assessments.

Students should carefully check that they submit the correct file for an assessment as no re-submissions will be accepted after the due date and time, including instances where students upload an incorrect file in error.

Word limits are strictly applied. Work above the word limit will not be marked.  Footnotes are to be used only for referencing. Referencing must conform to the requirements set out in the Australian Guide to Legal Citation.

Marking of all assessments is moderated through a process of blind marking and the use of detailed marking rubrics.

Assessment Tasks

Name Weighting Hurdle Due
Participation in-class 20% No ongoing; 10/06/22
Research Essay 30% No 01/04/22 at 11:59pm
Hypothetical Problems 50% No 10/06/22 at 11:59pm

Participation in-class

Assessment Type 1: Participatory task
Indicative Time on Task 2: 12 hours
Due: ongoing; 10/06/22
Weighting: 20%

 

Students will be assessed on their informed participation in discussions, role plays, debates and other activities.

 
On successful completion you will be able to:
  • Demonstrate a detailed and thorough knowledge of legal principles relating to the law on remedies.
  • With reference to a range of common law, equitable and statutory remedies, identify and propose reforms for a more just remedial system of law.
  • Analyse complex factual situations involving different types of remedies and apply relevant legal principles to solving complex legal problems.
  • Formulate, present and evaluate oral and written arguments on theoretical issues, drawing upon relevant legal authorities and policy considerations.

Research Essay

Assessment Type 1: Essay
Indicative Time on Task 2: 25 hours
Due: 01/04/22 at 11:59pm
Weighting: 30%

 

Students will prepare a research report on an aspect of the course. The essay question and assessment guidance will be released via iLearn.

 
On successful completion you will be able to:
  • Demonstrate a detailed and thorough knowledge of legal principles relating to the law on remedies.
  • Formulate, present and evaluate oral and written arguments on theoretical issues, drawing upon relevant legal authorities and policy considerations.

Hypothetical Problems

Assessment Type 1: Essay
Indicative Time on Task 2: 30 hours
Due: 10/06/22 at 11:59pm
Weighting: 50%

 

Students will advise a client based on the facts of the situation and the law learned in the course. The essay question and assessment guidance will be released via iLearn.

 
On successful completion you will be able to:
  • Demonstrate a detailed and thorough knowledge of legal principles relating to the law on remedies.
  • With reference to a range of common law, equitable and statutory remedies, identify and propose reforms for a more just remedial system of law.
  • Analyse complex factual situations involving different types of remedies and apply relevant legal principles to solving complex legal problems.
  • Formulate, present and evaluate oral and written arguments on theoretical issues, drawing upon relevant legal authorities and policy considerations.

1 If you need help with your assignment, please contact:

  • the academic teaching staff in your unit for guidance in understanding or completing this type of assessment
  • the Writing Centre for academic skills support.

2 Indicative time-on-task is an estimate of the time required for completion of the assessment task and is subject to individual variation

Delivery and Resources

For face-to-face students:

There are online lectures each week which begin in Week 1.

There is a one hour face-to-face tutorial beginning in Week 2. Tutorial content will cover the topic from the previous week's lectures. You must prepare your responses in advance. The content and questions for the tutorial can be downloaded from iLearn. Tutorials are assessed for participation.

For online students:

There are online lectures each week which begin in Week 1.

There is a two-hour online tutorial (once every two weeks) beginning in Week 2. Tutorial content will cover the topics from the previous two week's lectures. You must prepare your responses in advance. The content and questions for the tutorial can be downloaded from iLearn. Tutorials are assessed for participation.

For face-to-face and online students:

Discussion questions for each tutorial will be available on the iLearn page for the unit. You will find the required reading list in the online unit available at ilearn.mq.edu.au. The Required Text is: Covell & Lupton Principles of Remedies, 7th edition (LexisNexis, 2018). Additional readings will be available via iLearn or else they will be linked to a publicly available source. Students will also be required to use a computer for word processing of assignments and have access to the internet for submission of assignments in Turnitin and to interact with iLearn and online research databases and web-based research tools.

Unit Schedule

Topics covered in this unit include:

  • Remedies in Tort
  • Remedies in Contract
  • Remedies in Equity
  • Remedies in Competition and Consumer Law
  • Remedies in International Law and Apologies

Policies and Procedures

Macquarie University policies and procedures are accessible from Policy Central (https://policies.mq.edu.au). Students should be aware of the following policies in particular with regard to Learning and Teaching:

Students seeking more policy resources can visit Student Policies (https://students.mq.edu.au/support/study/policies). It is your one-stop-shop for the key policies you need to know about throughout your undergraduate student journey.

To find other policies relating to Teaching and Learning, visit Policy Central (https://policies.mq.edu.au) and use the search tool.

Student Code of Conduct

Macquarie University students have a responsibility to be familiar with the Student Code of Conduct: https://students.mq.edu.au/admin/other-resources/student-conduct

Results

Results published on platform other than eStudent, (eg. iLearn, Coursera etc.) or released directly by your Unit Convenor, are not confirmed as they are subject to final approval by the University. Once approved, final results will be sent to your student email address and will be made available in eStudent. For more information visit ask.mq.edu.au or if you are a Global MBA student contact globalmba.support@mq.edu.au

Academic Integrity

At Macquarie, we believe academic integrity – honesty, respect, trust, responsibility, fairness and courage – is at the core of learning, teaching and research. We recognise that meeting the expectations required to complete your assessments can be challenging. So, we offer you a range of resources and services to help you reach your potential, including free online writing and maths support, academic skills development and wellbeing consultations.

Student Support

Macquarie University provides a range of support services for students. For details, visit http://students.mq.edu.au/support/

The Writing Centre

The Writing Centre provides resources to develop your English language proficiency, academic writing, and communication skills.

The Library provides online and face to face support to help you find and use relevant information resources. 

Student Services and Support

Macquarie University offers a range of Student Support Services including:

Student Enquiries

Got a question? Ask us via AskMQ, or contact Service Connect.

IT Help

For help with University computer systems and technology, visit http://www.mq.edu.au/about_us/offices_and_units/information_technology/help/. 

When using the University's IT, you must adhere to the Acceptable Use of IT Resources Policy. The policy applies to all who connect to the MQ network including students.

Unit information based on version 2022.02 of the Handbook