Introduction to major forms of legal remedies applicable to private and commercial law and their interaction with legal entitlements and rights (including obligations).
|Paper title||Special Topic: Remedies in Private and Commercial Law|
|Teaching period||Semester 2 (On campus)|
|Domestic Tuition Fees (NZD)||$710.30|
|International Tuition Fees||Tuition Fees for international students are elsewhere on this website.|
- 96 LAWS points
- Pre or Corequisite
- Any 200-level LAWS paper not already passed
- Limited to
- LLB, LLB(Hons)
- Teaching staff
- Teaching Arrangements
The delivery of the course shall be divided thematically into four parts:
Introduction to legal remedies— the objectives of the course; the functional classification of remedies intospecific relief/property rules and monetary remedies/liability rules; the election or choice between remedies.
Part II: Property Rules/Specific Relief
Topic 1: Specific relief applicable to property rights, torts, economic/commercial rights, andintellectual property
Topic 2: Specific relief applicable to contracts and
Topic 3: Effectuations of the transfer of interests in property by implication of law
Part III: Liability Rules/Monetary Remedies
Topic 4: Equitable Damages in torts, intellectual property, and contract law
Topic 5: Compensatory Damages in Contract and Torts: Heads of Compensation and Factual Causation
Topic 6: Compensatory Damages in Contract and Torts: Remoteness, Mitigation and ContributoryNegligence
Part IV: Self-help and Agreed Remedies
Topic 7: Self-help remedies in property, torts, and commercial arrangements
Topic 8: Liquidated Damages
Topic 9: Forfeiture and accelerated performance clauses
Topic 10: Termination Clauses
- James Edelman, McGregor on Damages (20th ed, Sweet & Maxwell, London, 2018).
- Katy Barnett, Kenneth Yin, and Martin Allcock, Remedies Cases and Materials in Australian Private Law (Cambridge University Press, 2nd ed, 2019).
- Graham Virgo, Principles of the Law of Restitution (Cambridge University Press, 3rd ed, 2015).
- Graduate Attributes Emphasised
Critical thinking, awareness of the complexities of commercial environment, self-motivation, communication, interdisciplinary perspective, life-long learning, scholarship.
View more information about Otago's graduate attributes.
- Learning Outcomes
The intended learning outcomes of this course include: (LOs):
- a critical understanding of major forms of legal remedies applicable to private and commercial law, as well their functional classifications
- analytical grasp of the interactions between legal remedies and legal entitlements/rights and obligations in private and commercial law.
- insight and ability to solve remedial questions of commercial and private law
- enhancement of research skills, mainly as it concerns remedial matters.