LAWS478 Special Topic

Overview

Topics change year to year.

This paper will provide a rounded view of money as a legal institution, separate from the better-known explanations of money given by economists, financiers, and economic historians. Money is an all-pervasive legal concept, and an integral part of public dealings by the state and most private transactions. It tends however, to be poorly understood by lawyers, who often assume money is a given.

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

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

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% or 100%

Timetable