Students
LAWS827 – Law of Obligations III - Remedies
2019 – S1 External
General Information
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| Unit convenor and teaching staff |
Unit convenor and teaching staff
Convenor and Tutor
Doron Goldbarsht
6 First Walk (W3A) 514
TBA on iLearn
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|---|---|
| Credit points |
Credit points
4
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| Prerequisites |
Prerequisites
LAWS803 and LAWS804
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| Corequisites |
Corequisites
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| Co-badged status |
Co-badged status
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| 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.
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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:
- Demonstrate a detailed and thorough knowledge of legal principles relating to the law on remedies.
- Interpret and transmit knowledge, skills and concepts to specialist and non-specialist audiences.
- 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 authority and policy considerations.
- Apply advanced research skills.
- Assume responsibility for one's own learning by managing one's time effectively so as to complete and submit assessment items on time.
General Assessment Information
All Students
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Task |
Task Name |
% |
Due Date |
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1 |
Class Participation |
20 |
10% on-line and 10% in-class (OCS) |
|
2 |
Essay (Submit through Turnitin) |
30 |
Release Date: 25/2/2019, 17:00. Due Date: 19/4/2019, 17:00. |
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3 |
Hypothetical Problem (Submit through Turnitin) |
50 |
Release Date: 27/5/2019, 17:00. Due Date: 7/6/2019, 17:00. |
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Total: |
100% |
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Special Consideration
Unless a Special Consideration request has been submitted and approved, (a) a penalty for lateness will apply – two (2) marks out of 100 will be deducted per day for assignments submitted after the due date – and (b) no assignment will be accepted more than seven (7) days (incl. weekends) after the original submission deadline.
Class Attendance and Participation
Attendance at the tutorials is compulsory. Students who miss a tutorial can apply for special consideration through Ask.mq.edu.au. It is advisable that you apply for special consideration if your circumstances meet the policy. If a student misses more than 2 tutorials due to special consideration they should contact the unit convenor and other arrangements will be made to make up for the the missed tutorials.
Early non-compulsory assessment
In Week 3 (2nd tutorial) tutors will give students informal feedback on class participation.
Submission of Written Assignments
The written assignments are to be submitted electronically by way of Turnitin on the iLearn page. Plagiarism detection software is used in this unit.
Word Limits
Where there is a specified word limit it will be strictly applied and work above the word limit will not be assessed.
Moderation
Detailed marking rubrics will be made available on iLearn for all assessments. If there are other markers assisting the convenor then a process of 'blind marking' to establish a common marking standard will be adopted and all Fail papers will be double marked.
Style
All written assignments should comply with the latest edition of the AGLC.
Assessment Tasks
| Name | Weighting | Hurdle | Due |
|---|---|---|---|
| Class Participation | 20% | No | Ongoing |
| Research Essay | 30% | No | 19/4/2019 17:00 |
| Hypothetical Problems | 50% | No | 7/6/2019 17:00 |
Class Participation
Due: Ongoing
Weighting: 20%
Participation in-class:
This individual component is worth 10% of student's grade and it will be based on attendance at the On-Campus Session and an assessment by the tutor of student individual contribution to the class discussion and tutorial presentation.
If students are unable to attend the OCS due to a serious and unavoidable disruption, they should submit a Disruption to Studies application online by visiting ask.mq.edu.au.
If you miss the OCS due to special consideration you are to complete the following:
If you miss one day you are to complete at least 3 tutorial questions (relating to different lectures - ie 1 question each from Lecture 1, Lecture 2 and Lecture 7 tutorial questions) and at least 3 hypothetical problems (relating to different lectures - ie 1 hypothetical from Lecture 3, Lecture 4, Lecture 5 and/or Lecture 6 tutorial questions) (max 4 pages double-spaced).
If you miss both days you are to complete at least 6 tutorial questions (relating to different lectures - ie 2 questions each from Lecture 1, Lecture 2 and Lecture 7 tutorial questions) and at least 6 hypothetical problems (relating to different lectures - ie 2 hypotheticals from Lecture 3, Lecture 4, Lecture 5 and/or Lecture 6 tutorial questions) (max 8 pages double-spaced).
You are to submit this work to Dr Doron Goldbarsht. You will have until 5 pm, 30 April 2019 to complete this work unless your case for special consideration requires that you be given more time.
Participation on-line (Q&A postings):
This individual component is worth 10% of student's grade. Starting in Week 2, a forum will be open for Q&A posting on iLearn. In this forum, students will post 2 times in total during the semester: 1) Post a question that has occurred as a result of listening to the weekly lectures, or from the material covered in tutorials. 2) Along with the question students will post an answer to the question, based on research into the weekly readings/resources and a justification for the answer.
Student question, answer and justification together should be no more than 150 words for each Q&A. Content over 150 words will not be marked.
Assessment guideline for in-class and on-line participation 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.
- Interpret and transmit knowledge, skills and concepts to specialist and non-specialist audiences.
- 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 authority and policy considerations.
Research Essay
Due: 19/4/2019 17:00
Weighting: 30%
Essay
Release Date: 25 Feb 2019, 17:00.
Students to complete a research essay based on some of the broad topics covered in the unit. The emphasis is on independent research and analysis and critique.
Essays must be submitted in double line spaced text, 12 point font, Times New Roman. The word limit is 2,000 words, excluding footnotes. Footnotes should only be used for references, with no further discussion. Content over 2,000 words will not be marked. A bibliography should not be provided.
The essay must comply with the latest edition of the Australian Guide to Legal Citation.
All work, in WORD format, is to be submitted via Turnitin on iLearn.
The essay question and assessment guidance will be released via iLearn.
See also General Assessment Information tab in this unit guide.
On successful completion you will be able to:
- Demonstrate a detailed and thorough knowledge of legal principles relating to the law on remedies.
- Interpret and transmit knowledge, skills and concepts to specialist and non-specialist audiences.
- Formulate, present and evaluate oral and written arguments on theoretical issues, drawing upon relevant legal authority and policy considerations.
- Apply advanced research skills.
- Assume responsibility for one's own learning by managing one's time effectively so as to complete and submit assessment items on time.
Hypothetical Problems
Due: 7/6/2019 17:00
Weighting: 50%
Hypothetical Problem
Release Date: 27 May 2019, 17:00.
Hypothetical problems based on materials covered in Lectures 1-12.
Format and Word Count:
The assignment must be submitted in a double line spaced text, 12 point font (use Times New Roman). The word limit is 2,500 words, excluding footnotes. Footnotes should only be used for references, with no further discussion. Content over 2,500 words will not be marked. A bibliography should not be provided. Submissions must be a word document.
The essay must comply with the latest edition of the Australian Guide to Legal Citation.
Once the Hypothetical Problem is released to students the Unit Convenor/Tutors will not be in a position to answer any questions about it.
See also General Assessment Information tab in this unit guide.
On successful completion you will be able to:
- Demonstrate a detailed and thorough knowledge of legal principles relating to the law on remedies.
- Interpret and transmit knowledge, skills and concepts to specialist and non-specialist audiences.
- 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 authority and policy considerations.
- Apply advanced research skills.
- Assume responsibility for one's own learning by managing one's time effectively so as to complete and submit assessment items on time.
Delivery and Resources
The unit will examine some other areas where remedies available, and also examine different mechanisms for the resolution of disputes. Justice theories will provide the framework for examining the concept of a legal 'remedy' and will assist students to explore the broader issue of how to achieve a just remedial system of law.
Lectures commence in Week 1.
Lectures will be pre-recorded (see iLearn for instructions).
Discussion questions for each tutorial will be available on the iLearn page for the unit.
The Required Text is: Covell & Lupton Principles of Remedies, 7th edition (LexisNexis, 2018). It is available from the Macquarie University Co-op Bookshop. 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
For Tutorial times see https://timetables.mq.edu.au/2019/
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Laws555 S1 2019, Lecture Schedule |
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Week |
Dates weeks starting |
Lecture |
Lecturer |
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1 |
25-Feb |
Intro |
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2 |
4-Mar |
Torts |
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3 |
11-Mar |
Torts |
Ms Caitriona McCabe
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4 |
18-Mar |
Contracts |
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5 |
25-Mar |
Contracts |
Mr Ilija Vickovich
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6 |
1-Apr |
Equity |
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7 |
8-Apr |
Equity |
Ms Teresa Somes
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Break |
15-Apr; 22-Apr (OCS 26-27 April) |
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8 |
29-Apr |
Equity |
Ms Teresa Somes
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9 |
6-May |
Restorative Justice |
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10 |
13-May |
Statue |
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11 |
20-May |
Alternative (Appropriate) Dispute Resolution |
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12 |
27-May |
International Law |
Dr Francesca Dominello
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13 |
3-Jun |
No Lecture |
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Policies and Procedures
Macquarie University policies and procedures are accessible from Policy Central (https://staff.mq.edu.au/work/strategy-planning-and-governance/university-policies-and-procedures/policy-central). Students should be aware of the following policies in particular with regard to Learning and Teaching:
- Academic Appeals Policy
- Academic Integrity Policy
- Academic Progression Policy
- Assessment Policy
- Fitness to Practice Procedure
- Grade Appeal Policy
- Complaint Management Procedure for Students and Members of the Public
- Special Consideration Policy (Note: The Special Consideration Policy is effective from 4 December 2017 and replaces the Disruption to Studies Policy.)
Undergraduate students seeking more policy resources can visit the Student Policy Gateway (https://students.mq.edu.au/support/study/student-policy-gateway). It is your one-stop-shop for the key policies you need to know about throughout your undergraduate student journey.
If you would like to see all the policies relevant to Learning and Teaching visit Policy Central (https://staff.mq.edu.au/work/strategy-planning-and-governance/university-policies-and-procedures/policy-central).
Student Code of Conduct
Macquarie University students have a responsibility to be familiar with the Student Code of Conduct: https://students.mq.edu.au/study/getting-started/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
Student Support
Macquarie University provides a range of support services for students. For details, visit http://students.mq.edu.au/support/
Learning Skills
Learning Skills (mq.edu.au/learningskills) provides academic writing resources and study strategies to improve your marks and take control of your study.
Student Services and Support
Students with a disability are encouraged to contact the Disability Service who can provide appropriate help with any issues that arise during their studies.
Student Enquiries
For all student enquiries, visit Student Connect at ask.mq.edu.au
If you are a Global MBA student contact globalmba.support@mq.edu.au
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.
Graduate Capabilities
PG - Capable of Professional and Personal Judgment and Initiative
Our postgraduates will demonstrate a high standard of discernment and common sense in their professional and personal judgment. They will have the ability to make informed choices and decisions that reflect both the nature of their professional work and their personal perspectives.
This graduate capability is supported by:
Learning outcomes
- Apply advanced research skills.
- Assume responsibility for one's own learning by managing one's time effectively so as to complete and submit assessment items on time.
Assessment tasks
- Research Essay
- Hypothetical Problems
PG - Discipline Knowledge and Skills
Our postgraduates will be able to demonstrate a significantly enhanced depth and breadth of knowledge, scholarly understanding, and specific subject content knowledge in their chosen fields.
This graduate capability is supported by:
Learning outcomes
- Demonstrate a detailed and thorough knowledge of legal principles relating to the law on remedies.
- Analyse complex factual situations involving different types of remedies and apply relevant legal principles to solving complex legal problems.
Assessment tasks
- Class Participation
- Research Essay
- Hypothetical Problems
PG - Critical, Analytical and Integrative Thinking
Our postgraduates will be capable of utilising and reflecting on prior knowledge and experience, of applying higher level critical thinking skills, and of integrating and synthesising learning and knowledge from a range of sources and environments. A characteristic of this form of thinking is the generation of new, professionally oriented knowledge through personal or group-based critique of practice and theory.
This graduate capability is supported by:
Learning outcomes
- Interpret and transmit knowledge, skills and concepts to specialist and non-specialist audiences.
- Analyse complex factual situations involving different types of remedies and apply relevant legal principles to solving complex legal problems.
Assessment tasks
- Class Participation
- Research Essay
- Hypothetical Problems
PG - Research and Problem Solving Capability
Our postgraduates will be capable of systematic enquiry; able to use research skills to create new knowledge that can be applied to real world issues, or contribute to a field of study or practice to enhance society. They will be capable of creative questioning, problem finding and problem solving.
This graduate capability is supported by:
Learning outcomes
- Demonstrate a detailed and thorough knowledge of legal principles relating to the law on remedies.
- 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 authority and policy considerations.
- Apply advanced research skills.
Assessment tasks
- Research Essay
- Hypothetical Problems
PG - Effective Communication
Our postgraduates will be able to communicate effectively and convey their views to different social, cultural, and professional audiences. They will be able to use a variety of technologically supported media to communicate with empathy using a range of written, spoken or visual formats.
This graduate capability is supported by:
Learning outcomes
- Interpret and transmit knowledge, skills and concepts to specialist and non-specialist audiences.
- Formulate, present and evaluate oral and written arguments on theoretical issues, drawing upon relevant legal authority and policy considerations.
- Apply advanced research skills.
Assessment tasks
- Class Participation
- Research Essay
- Hypothetical Problems
PG - Engaged and Responsible, Active and Ethical Citizens
Our postgraduates will be ethically aware and capable of confident transformative action in relation to their professional responsibilities and the wider community. They will have a sense of connectedness with others and country and have a sense of mutual obligation. They will be able to appreciate the impact of their professional roles for social justice and inclusion related to national and global issues
This graduate capability is supported by:
Learning outcome
- Assume responsibility for one's own learning by managing one's time effectively so as to complete and submit assessment items on time.
Assessment tasks
- Research Essay
- Hypothetical Problems
Changes from Previous Offering
This unit involves a change in Unit Convenor. The assessment scheme has also been changed and on-line participation has been added.
The programme of Lectures and tutorials for 2019 has been changed from that given in 2018, and may be subject to further change due to developments. Students should consult the Unit Schedule and prepare tutorial questions for classes and written assignments according to the new lecture regime.
Changes since First Published
| Date | Description |
|---|---|
| 07/03/2019 | There was a typo in one place, in the Unit Guide, regarding the due date for the research essay. The date noted under "General Assessment Information" was 9 April 2019. It should read 19 April 2019 as it does elsewhere. |
| 13/02/2019 | OCS - date for submission of work completed in lieu of special consideration. |