Red X iconGreen tick iconYellow tick icon
Skip to main content

    Overview

    Topics change year to year.

    Understanding legal rights and obligations in private and commercial law is incomplete without a solid understanding of legal remedies. In matters of contracts, torts, fiduciary obligations, and intellectual property, a working knowledge of remedies is vital for providing legal advice, settling disputes, and pursuing litigation. This paper aims to provide students with a solid grounding in the fundamentals, dynamics, and nuances of the primary forms of legal remedies.

    About this paper

    Paper title Special Topic 9: Remedies in Private and Commercial Law
    Subject Law
    EFTS 0.1
    Points 15 points
    Teaching period Semester 2 (On campus)
    Domestic Tuition Fees ( NZD ) $820.40
    International Tuition Fees Tuition Fees for international students are elsewhere on this website.
    Prerequisite
    96 LAWS points
    Pre or Corequisite
    Any 200-level LAWS paper not already passed
    Limited to
    LLB, LLB(Hons)
    Notes
    Not all optional papers will be available in any given year.
    Contact

    moshood.abdussalam@otago.ac.nz

    Teaching staff

    Dr Moshood Abdussalam.

    Teaching Arrangements

    Part I: Introduction
    The course's objectives and the functional classification of remedies into specific relief/property rules and monetary remedies/liability rules

    Part II: Property Rules/Specific Relief
    Topic 1: Specific relief applicable to property rights, Torts, fiduciary duties, economic interests, and intellectual property
    Topic 2: Specific relief applicable to contracts

    Part III: Liability Rules/Monetary Remedies
    Topic 3: Confiscatory awards in Torts, Fiduciary Law, Intellectual Property, and Contract Law
    Topic 4: Compensatory Damages in Contracts, Fiduciary Law, Torts: Heads of Compensation and Factual Causation
    Topic 5: Compensatory Damages in Contracts, Fiduciary Law, Torts: Remoteness, Mitigation and Contributory Negligence

    Part IV: Self-help and Agreed Remedies
    Topic 6: Self-help remedies in property, Torts, and commercial arrangements
    Topic 7: Liquidated Damages
    Topic 8: Forfeiture and accelerated performance clauses
    Topic 9: Termination Clauses

    Textbooks
    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
    Interdisciplinary perspective, Lifelong learning, Scholarship, Communication, Critical thinking, Self-motivation.
    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
    Assessment details

    Research Assignment - 30%

    Exam - 70%

    Overview

    Topics change year to year.

    Understanding legal rights and obligations in private and commercial law is incomplete without a solid understanding of legal remedies. In matters of contracts, torts, fiduciary obligations and intellectual property, a working knowledge of remedies is vital for providing legal advice, settling disputes and pursuing litigation.

    This paper aims to provide students with a solid grounding in the fundamentals, dynamics and nuances of the primary forms of legal remedies.

    About this paper

    Paper title Special Topic 9: Remedies in Private and Commercial Law
    Subject Law
    EFTS 0.1125
    Points 15 points
    Teaching period Semester 2 (On campus)
    Domestic Tuition Fees Tuition Fees for 2027 have not yet been set
    International Tuition Fees Tuition Fees for international students are elsewhere on this website.
    Prerequisite
    96 LAWS points
    Pre or Corequisite
    Any 200-level LAWS paper not already passed
    Limited to
    LLB, LLB(Hons)
    Notes
    Not all optional papers will be available in any given year.
    Contact

    law@otago.ac.nz

    More information link

    View more information on the Faculty of Law's website.

    Teaching staff

    Dr Moshood Abdussalam

    Textbooks

    All course readings for this paper are provided by the Faculty on Aoroa.

    Graduate Attributes Emphasised
    Interdisciplinary perspective, Lifelong learning, Scholarship, Communication, Critical thinking, Self-motivation.
    View more information about Otago's graduate attributes.
    Learning Outcomes

    The intended learning outcomes of this course include:

    • A critical understanding of major forms of legal remedies applicable to private and commercial law, as well as 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.
    Assessment details

    Research Assignment (30%)

    Exam (70%)

    Back to top