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LAWS478 Special Topic: Remedies in Private and Commercial Law

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
Paper code LAWS478
Subject Law
EFTS 0.1
Points 15 points
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.

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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:

Part I:
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


  1. James Edelman, McGregor on Damages (20th ed, Sweet & Maxwell, London, 2018).
  2. Katy Barnett, Kenneth Yin, and Martin Allcock, Remedies Cases and Materials in Australian Private Law (Cambridge University Press, 2nd ed, 2019).
  3. 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):

  1. a critical understanding of major forms of legal remedies applicable to private and commercial law, as well their functional classifications
  2. analytical grasp of the interactions between legal remedies and legal entitlements/rights and obligations in private and commercial law.
  3. insight and ability to solve remedial questions of commercial and private law
  4. enhancement of research skills, mainly as it concerns remedial matters.

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Semester 2

Teaching method
This paper is taught On Campus
Learning management system


Stream Days Times Weeks
A1 Tuesday 12:00-12:50 28-34, 36-41
Thursday 12:00-12:50 28-34, 36-41