LAWS478 Special Topic 9: Remedies in Private and Commercial Law

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

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%

Timetable