LAW 405
REMEDIES
STUDY GUIDE
2004
1. About this Unit 1
2. Teaching Staff 1
3. Classes and Study Times 3
4. Required and Recommended Texts and/or Materials 5
5. Unit Web Page 6
6. Learning Objectives 6
7. Generic Skills 7
8. Teaching and Learning Strategy 7
9. Assessment 7
10. Relationship Between Assessment and Learning Objectives 14
11. Plagiarism 14
12. University Policy on Grading 14
13. Schedule of Topics 14
MACQUARIE UNIVERSITY
DIVISION OF LAW
STUDY GUIDE
Year and Semester: 2004, Semester 1
Unit Code & Unit Name: LAW 405 Remedies
Credit points: 4
Unit convenor: Penelope Watson
Pre-requisites: LAW1O3 or LAW 203 (P), LAW 204 (P), LAW 308 (CR) or LAW 310 (P)
1. About this unit
LAW405 examines the specific goals of judicial and non-judicial remedies in contract and in tort. Topics include: self-help remedies, compensation, coercion, restitution, punishment, urgent relief and enforcement of remedies.
This is a pivotal course in the LL.B. program because it:
2. Teaching staff
Tel. (02) 9850 7071
Room W3A 512
e-mail:penelope.watson@mq.edu.au
Consultation hours:
teaching weeks: Tues 1-2 / Thurs 11-2 or by appointment
non teaching weeks : by appointment
BA (Hons) (Tas) LLB (UNSW) LLM (Syd), Barrister of the Supreme Court of New South Wales, Lecturer in Law. Penelope has worked as a full time academic for fifteen years at the University of Wollongong, UNSW, and Macquarie University, which she joined in 1999. She is presently Course Convener of LAW 103 Torts, LAW 405 Remedies and LAW 522 Advanced Torts, and has also convened LAW 204 Contracts. Her research interests include remedies generally especially damages and personal injury; torts generally, with specific interests in negligence, causation, educational malpractice and school law, medical/health law including wrongful life and birth, tobacco litigation, toxic torts, privacy; legal education and generic skills. Penelope is a member of the editorial committee of Plaintiff journal, aimed mainly at personal injury practitioners, and belongs to the Australia New Zealand Education Law Association.
Rm: W3A 514
E-mail: francesca.dominello@law.mq.edu.au
Tuts: Fridays at 9-11, 11-1, 2-4
Consultation hours: Wed 12-3, Fri 1-2
Francesca Dominello (BA/LLB (Macq) joined Macquarie in 2001. She has taught LAW 405 Remedies since then, and is also Course Co-ordinator of LAW 402 Family Law. Francesca is currently working on her LLM at UNSW, completing her thesis on Indigenous Peoples and the High Court. Prior to commencing her academic career, Francesca worked as a solicitor in the areas of native title, personal injury, and migration law; and as a Research Assistant at ANU working on the Oxford Companion to the High Court of Australia. Her interests include the above areas and Constitutional Law.
Tel: 0412 331 528
Rm: W3A 512 (temporarily)
e-mail : timlp@optusnet.com.au
Tuts: Thursdays at 9-11, 12-2, 2-4
Consultation hours: Friday 11-3
BA/LLB (Macq), LLM (Syd) Born in the same year as Brian Setzer, and graduating from MU in 1983 (not long after "Runways Boys" was released), Tim co-wrote and for about 10 years edited the Australian Torts Reporter until the Patty Loveless classic, "When Fallen Angels Fly", was released. Since then he has contributed to The Laws of Australia in areas of workers compensation and occupational health and safety. Returned to his old Alma Mater in 2002 where he tutors part-time, spending the rest of the working week with a small commercial practice specialising in intellectual property and trade practices law. Stray Cats are still his favourite band.
All teachers are available for consultation by appointment outside the stated hours. Note that consultation hours have been arranged so that at least one of the Remedies staff is available each day except Monday. Please see your own tutor if possible, but for general queries you are welcome to see anyone available on a day convenient to you. Teachers may be reached by Fax at 9850 7686.
Other contact numbers that may be of use:
Macquarie Library: tel. (02) 9850 7500 / law library 9850 9009
fax (02) 9850-7568
3. Classes and Study Times
There are two basic modes of delivery in this unit: lectures and tutorials. There is one lecture and one two hour tutorial each week for internal students, and one 2 day On Campus Session for distance students.
Attendance
University regulations require that all classes, assignments and on-campus sessions (for distance students) be satisfactorily attended and completed. Non-completion of any piece of work, non-attendance at a compulsory on-campus session without permission, or persistent non-attendance at internal student tutorials without sufficient excuse will result in an F grade.
This means that you may be failed if you do not attend a minimum of 80% of internal student tutorial classes, or all of both days of the on campus session for distance students. If you are unable to attend due to serious illness or misadventure, you may be best advised to apply for a W grade. Discuss that with your tutor.
Lectures and seminars run from weeks 1-12 (incl) of the semester. Optional revision classes will be held in week 13. Lectures take place on Tuesdays 9-11 in C5C T1 and will cover the topic area to be discussed in that week’s tutorials. Lectures will be taped and posted out to all external students, as well as being available through closed reserve in the library, and on the unit website (see below). All lectures will be given by Penelope Watson.
Thursday 9-11, 12-2, 2-4 (Tim Paine)
Friday 9-11, 11-1, 2-4 (Francesca Dominello)
On Campus Session
One 2 day On-Campus-Session is compulsory for all distance students. Externals will be notified of their tutorial groups on the unit website. Rooms for OCS will be available at sign-in on day one.
On Campus Session Programme
The programme set out below covers all of chapters 3, 4, 5 & 6 (to end of week 8)
DAY ONE: Saturday 17 April 2004
8.30 – 9.00 Sign on at Centre for Open Learning
9.00 – 9.30 Welcome by Convenor. Move to seminar rooms
9.30 – 11.00 Topic: Introduction to compensatory damages
Reading: TNK pp 47- 109
11.00 – 11.30 BREAK
11.30 – 1pm Topic: Compensation in particular situations
Reading : TNK pp 109- 170
1 – 2pm LUNCH
2.00 - 3.30 Topic: Compensation for breach of contract
Reading: TNK pp 170- 232
3.30 - 4.00 Afternoon tea / coffee break
4.00 – 5.30 Topic: concurrent liability; General principles of compensation: causation
Reading: TNK pp 232 - 283
DAY TWO : Sunday 18 April 2004
9.00 – 10.30 Topic: certainty, contributory negligence, remoteness
Reading: TNK pp 283 – 340
10.30 –11.00 BREAK
11.00 -12.30 Topic: mitigation, public policy, inflation, tax, overlap, interest
Reading: TNK pp 340- 403
12.30 – 1.30 LUNCH
1.30 – 3.00 Topic: Compensation in equity
Reading: TNK pp 403- 450
3.00 – 3.30 - BREAK
3.30 - 5pm Topic: Restitution
Reading: TNK pp 450- 519
4. Required and Recommended texts and/or materials
(a) Prescribed text
Students should use TNK as the Unit Materials. You should work methodically and sequentially through the materials and questions in TNK, as you would any other set of course materials.
Note to distance students: first semester tutorials for internal students begin in the first week of second semester, the week beginning 1 March 2004. From that time they will work through TNK at a rate of about 70 pages each week. This should give distance students an idea of the appropriate pace for them as well. We strongly recommend that you keep up with this pace throughout the semester as it becomes a difficult course of study if you fall behind. The schedule of lecture topics is provided at the end of this study guide.
TNK was written jointly by Professor Bruce Kercher, formerly Convenor of LAW 405 and now Vice-President of Academic Senate at Macquarie; Professor Michael Tilbury, who occupies the Edward Jenks Chair of Law at Melbourne University; and Michael Noone, who recently retired from Macquarie’s Division of Law. It is also the basis of the Remedies courses offered at many other Australian law schools. It takes a remedy by remedy approach, mixing contract and tort as well as equity and common law within the one chapter. That has the advantage of seeing the subject of remedies as a whole and of avoiding artificial distinctions between causes of action. It has the slight disadvantage though that some students might become confused by what still remain persistent differences between contract and tort. One of the issues to be addressed in Law 405, is the degree to which we are, in fact, witnessing a gradual merger of remedies in contract and tort.
All of TNK is essential reading. We aim to complete the whole book by the end of the semester.
(b) Supplementary materials
Any new cases not contained in TNK which you must read will be listed as essential reading at http://www.law.mq.edu.au/Units/law405. As we are working with a 2004 edition of the text book these should be minimal.
(c) Recommended readings
This list is far from exhaustive. It is likely to be of some assistance in answering the essay question, but the best references for the essay will be journal articles. In each case, look in the library catalogue for the most recent edition of these books.
One book that you might find particularly useful is Kercher and Noone, Remedies (2nd ed), Law Book Co, 1990, which was a text book in this unit until it went out of print. It is now quite dated.
Two other recommended books are
· P Radan, C Stewart and A Lynch, Butterworths Tutorial Series - Equity and Trusts, Butterworths, 2001. This book is up to date, and provides a reliable, clear account of equitable remedies, though not those at common law.
· and W Covell and K Lupton, Principles of Remedies, Butterworths, 1995. This book is now rather dated, but it contains a clear statement of Australian law.
Other books are:
Atiyah, P.S., Accidents, Compensation and the Law (English. Discusses causation, remoteness of damage and assessment of damages in personal injury cases.)
Beale, H., Remedies for Breach of Contract (English, but very dated now.)
Burrows, A.S., Remedies for Torts and Breach of Contract (English.)
Harris, D., Remedies in Contract and Tort (English book, part of the Law in Context series.)
Heydon, Gummow and Austin, Cases and Materials on Equity and Trusts (Australian, equitable remedies only.)
Luntz, H., Assessment of Damages for Personal Injury and Death (Australian.)
McGregor on Damages (English. Very lengthy practitioners’ book. Use it for reference only.)
Ogus, A.I., The Law of Damages (English. Dated but clear and influential study.)
Meagher, R.P., Gummow, W.M.C. & Lehane, J.R.F., Equity - Doctrines and Remedies Australian. For equitable remedies cases. All three authors became senior judges.)
Spry, I.C.F., Principles of Equitable Remedies (Anglo-Australian; an excellent practitioners’ book; in multiple editions)
Tilbury, M., Civil Remedies: Principles of Civil Remedies, 2 volumes. (An excellent Australian study if you can afford to buy it, though becoming dated.)
5. Unit web page
http://www.law.mq.edu.au/Units/law405
You must access the website via this address, rather than via WebCT.
The web site includes tutorial topics and questions and a copy of past problems to show what you might expect in your take home exam. It also contains sound files of the lectures as they are delivered; that is, you will be able to listen to them on the web.
6. Learning objectives
There are two major learning objectives in LAW 405. First, we want you to learn the law in the area, and to be able to apply that law to complex fact situations. This is the last of the compulsory common law/equity units, and the one in which we make a serious attempt to draw it all together, common law and equity, contract, tort and property. Secondly, being Macquarie Law, we want you to demonstrate an ability to view the issues in Law 405 in a very broad way. The take home exam is designed to test the first objective, and the essay this second one. We want you to be able to take interdisciplinary or jurisprudential approaches to the most practical of all the law units you have taken so far.
All academic programs at Macquarie seek to develop students’ generic skills in a range of areas. The skills being focused on in this unit are:
· Written communication (assessed in 2 pieces of written assessment)
· Reading, comprehension and analysis of legal material (assessed in both assessment tasks)
· Problem solving (analyse hypothetical fact situation, apply – developed through class practice and assessed in both assessment tasks)
· Critical analysis - analytical thinking and evaluation (analyse, evaluate, explain – tested in both assessment tasks)
8. Teaching and Learning Strategy
This unit will be taught using a combination of weekly 2 hour lectures, plus one weekly 2 hour seminar (internal students) or one 2 day On Campus session (distance students). Attendance at a minimum of 80% of tutorials is mandatory for internal students, and full attendance for 2 days at OCS is compulsory for distance students. We expect you to read the relevant materials before coming to tutorials or the On Campus session, at a rate of about 70 pages every week in order to keep up. We also expect you to participate vigorously.
The lectures are not designed to be a substitute for reading, nor to be an oral textbook. The issues in Remedies really do matter: how should women be compensated for the loss of their domestic skills? What should the limits be on state coercion in civil matters? How do contract and tort inter-relate, and are they part of a coherent system of law?
9. Assessment
1. Essay 40%
Length max: 2500 words (excluding bibliography)
Due: Mon 10/5/04 (internals) and Wed 12/5/04 (externals)
Topic:
“Compensation or damages in equity were traditionally said to aim at restoration or restitution, whereas common law tort damages are intended to compensate for harm done; but in many cases that is a difference without a distinction.”
Per Cooke J in Day v Mead TNK at 434
Instructions:
Discuss, comparing and contrasting approaches to compensation and damages adopted by equity and the common law. Are they different? If so, how and why do they differ? Illustrate your answer with appropriate cases. You are expected to include discussion of equitable compensation and breach of fiduciary duty in your answer, but should not cover the topics of intellectual property, breach of confidence, breach of trust, nor the Trade Practices Act.
Your research is expected to range more widely than the material found in TNK, and may include primary as well as secondary sources. A full bibliography must be attached. You should begin by using the Macquarie library legal databases, particularly Lexis, Index to Legal Periodicals and Legaltrac.
2. Takehome exam 60%
Max length: 3000 words
Exam available*: Friday 4 June, 2pm
Due date: 5pm, Mon 14/6/04 (int) and Wed 16/6/04 (externals)
*at afternoon class, from the general law office (W3A level 5) from 2pm, on the website, by mail for distance students.
You should expect the exam to cover the entire course. The exam will consist of one or two hypothetical problems. Your paper will not be returned to you, but general feedback will be provided on the website at the conclusion of marking.
NB External students please note: The policy of COE and now of the Division of Law is that date of submission is the date of receipt (NOT date of posting). We have allowed two days extra for external students to allow for posting. If you are aware of mail difficulties in your area, it is your responsibility to plan for this, or seek an extension from the Convenor well in advance.
Please note that it is your responsibility to plan for disruptions and workload. The ten days allowed for the takehome is to give you flexibility and a safety net for disruptions, illness etc. In terms of preparation, you should treat a takehome exam in the same way as a formal sit down exam, so that you are fully prepared and ready to start on day one of receiving the paper. You should be able to complete the paper comfortably in 24-48 hours. Extensions will not be granted on exams for any reason, and the exam cannot be taken earlier than the set dates, as a matter of fairness to all students.
All written work must be typed on A4 paper, single sided, using 12 point type in Times New Roman font or similar, double spaced. Three thousand words set out in this way is approximately 12 A4 pages. Leave an adequate margin for comments. Footnotes must be at the foot of each page (do not use end notes please) in 8 point type. A bibliography must accompany essays and research work but is not required for hypotheticals. Use the referencing conventions set out below (see “Referencing”)
Please make sure all work is firmly stapled and clearly labeled on a standard essay cover sheet (internals) or assignment folder (externals) with your student number, your name (optional), your tutor’s name, subject details, and assignment title. It is your responsibility to keep a copy of all your work. In the event of any dispute about whether work has been submitted, you will be asked to produce a copy. Inability to do so on short notice will result in a mark of zero.
Distance students: must submit all work to COE.
Assignments cannot be accepted by fax or email.
NB Distance students please note: The policy of COE and the Division of Law is that date of submission is the date of receipt (NOT date of posting). We have allowed two extra days for external students for posting. If you are aware of mail difficulties in your area, it is your responsibility to plan for this, or in extreme cases seek an extension from the Convenor well in advance.
Please note that word limits are not optional. They are intended to give you a realistic guide as to the degree of effort and depth expected, and to enable you to plan your time efficiently. They are also designed to force you to think out what is really important, how to communicate your ideas with maximum clarity and precision, and to develop your written communication skills. Staff time for marking is allocated in accordance with word limits. Assignments which exceed the specified length will be marked only up to and including the tenth page (2500 words, set out as above) or the twelfth page (3000 words) of text, excluding bibliography.
Whenever you state a principle of law, it is essential to give the authority for that proposition. State the principle, followed by a colon, then the name of the case or legislation in italics, with a footnote to the citation at the foot of the page. Authorities for legal principles should be primary sources, ie cases or legislation, rather than secondary sources such as text books, journal articles, or lecture notes. Remember that primary sources are the law, whereas secondary sources merely state the author’s opinion as to the law. Of course, if the point you are making is an author’s opinion about something, then you footnote to that author.
It goes without saying that all work which is not entirely your own must be acknowledged in footnotes. Failure to do so is plagiarism (see “Plagiarism”), which is a serious disciplinary offence.
There is only one way to apply for an extension:
Extensions must be applied for before the due date for the assignment. All applications must be directed to the convenor, Penelope Watson, by email using the subject heading “Remedies request for extension”. In your email, briefly explain your circumstances and indicate whether supporting documentation is available. The convenor will reply by email. If your request for extension is approved, print out the reply and attach it to your assignment, along with supporting medical or other documentation. This is your evidence of extension. If the reply is not attached, late penalties will be deducted.
Verbal (including telephone) requests for extension will not be granted.
All work submitted after the due date, without an extension having been granted (see above), will be penalized as follows:
Referencing for sit in exams need only be sufficient to identify the case or material you are referring to, and may be abbreviated. All other referencing must follow the conventions set out below exactly.
(1) Footnotes: Why, when and what
All academic writing must be adequately and appropriately referenced. This is important because, first, it is required as a matter of style and, secondly, referencing supports your argument.
The Australian Guide to Legal Citation provides (at page 3) the following as a guide to when footnotes are required and what needs to be in a footnote:
Footnotes should be used where authors wish to provide authority for a proposition or argument, or to acknowledge a reference that contributed to their argument. Footnotes should present all information necessary to locate references.
You will always need to provide the most specific references you can. This includes identifying the specific pages you are referring to: this is called a ‘pinpoint reference’. See below for some examples.
The ability to reference appropriately also means that you can instantly understand and easily locate material that another person has referred to in their work.
(2) When to use quotation marks
When drawing on somebody else’s work you always need to acknowledge that you have done so. You not always need to use quotation marks.
· If you are quoting directly from that work, the phrase must be placed in quotation marks and a footnote provided.
· If you are paraphrasing that work, or expressing in your own words a point or idea from another author, then quotation marks are not required but a footnote must still be provided.
In considering whether you need to use quotation marks, and whether an acknowledgment of an author is appropriate, put yourself in the position of the original author: if you had written an article and a fellow student was drawing on it to write her or his essay, would you think it appropriate that they acknowledged the use of your words and ideas?
(3) Appropriate sources
When writing an essay the aim is to present an argument. You need to persuade a reader why the position you take on a particular issue is the most appropriate way of understanding or resolving that issue. The most effective way to do this is with authoritative sources. These include cases and legislation as primary sources of law. The value of secondary sources – that is, restatements, analysis, critique and commentary on the law – varies to a great degree.
The most authoritative secondary sources are those that are based on much research and deliberation; have been carefully written so that ideas are precisely expressed; subjected to review by experts in the field; and judged by those experts as worthy of publication in scholarly (or similar) journals or books.
Cases, legislation and authoritative secondary sources should form the basis for your analysis of the law. The commentary in the prescribed casebook, the cases extracted in it and the extracts from articles reproduced in the course materials are all authoritative materials. Note, however, that just because something is ‘authoritative’ does not mean it is necessarily correct. The point of much legal scholarship and analysis is to contest and debate the possible views of law and justice. You should engage in this process throughout the course.
Lecture notes should not be cited as authority. If your lecturer has said something about a case or an article, then go to the source and read it. You might disagree with the interpretation of it suggested in the lecture, or you might think that you can express the point more clearly.
You should note that in different disciplines have different approaches to citation. Many humanities journals use what is known as the ‘Harvard system’ of referencing, where citation of author, year and page number is provided in brackets in the text of an article. Law journals do not generally use this system. Legal writing generally uses footnotes for citation of sources. You should use footnotes for citation in all your law essays.
When referencing, always keep the following mind:
· Be consistent throughout your essay
· Be accurate
· The use of italics and brackets is important as a matter of style – get it right.
The following is a short style-guide that must be adhered to in your essay for LAW 103/203. It is based primarily on the style set out in the Australian Guide to Legal Citation that has been published by Melbourne University Law Review and adopted by a number of Australian law journals.
Provide:
· the author’s full name, or all authors if there is more than one;
· the book title, in italics, with the edition number if appropriate;
· the year of publication, in brackets;
· the pinpoint page references, prefaced by the word ‘at’
Harold Luntz & David Hambly, Torts: Cases and Commentary, 5th ed (2002) at 90-91.
Provide:
· the author’s full name, or all authors if there is more than one;
· the title of the article, in single quotation marks
· the year of the journal, in brackets
· the volume number of the journal
· the full name of the journal, in italics
· the page number of the journal at which the article commences
· the pinpoint page references (if required), prefaced by the word ‘at’
Leighton McDonald, ‘Can collective and individual rights coexist?’ (1998) 2 Melbourne University Law Review 310 at 316.
Provide:
· The parties’ names, in italics;
· The year of the decision, in brackets;
· The volume number of the law report series;
· The standard abbreviation of the name of the law report series;
· the page number at which the case commences
· the pinpoint page references (if required), prefaced by the word ‘at’
The year should be placed in ‘round brackets’ when the report series are consecutively numbered and it would not be essential to know the year in order to locate the volume in which the case has been reported.
The year should be placed in ‘square brackets’ when the report series are numbered within each year and thus it would be essential to know the year in order to locate volume in which the case has been reported.
Chapman v Hearse (1961) 106 CLR 112 at 116.
Watt v Hertfordshire County Council [1954] 2 All ER 368.
Provide:
· The name and year of the statute, in italics;
· The jurisdiction, in brackets;
· The pinpoint reference (if required) to the relevant section(s).
Defamation Act 1974 (NSW), s 15.
Succession Act 1981 (Qld), ss 6-8.
When citing a reference you have already referred to earlier in your essay, you need not repeat the citation in full. There are a range of styles that can be used for repeated citations and all are fine, but you must be consistent. Do not chop and change from one to the other. The style you should use in your law essays is below. You should not use the latin phrases of ‘ibid’, ‘id’, and so forth.
Provide:
· An appropriately brief form of the name of the author, case or legislation;
· The number of the footnote where you first cited the work;
· The pinpoint reference (if required), prefaced by the word ‘at’ (or by ‘s’ if it is legislation).
Chapman v Hearse, note 7, at 114.
McDonald, note 2, at 322.
Defamation Act 1974 (NSW), note 9, ss 45-46.
Tilbury, Noone, Kercher, note 1, at 585.
In the written work for this unit you will be drawing principally on the following two sources:
· Cases, legislation or commentary that has been extracted in the prescribed case book;
· Commentary by the authors of the prescribed case book.
When citing extracted material you need to acknowledge the original source and the place you found it. Pinpoint references should be provided to both (if possible), but must be provided to the relevant page number(s) of TNK.
RE-MARK POLICY
You have no strict right to a remark of written work. If you are unhappy with your mark, your first obligation is to discuss it with the person who marked it. If you are still unhappy, you may apply to the unit convenor for a remark with a written statement of why a remark is sought. That statement should attempt to show that the person who initially marked the work misapplied the grading criteria in some way. The convenor has discretion whether to accept the application for a remark. It is insufficient to state merely that you normally get a higher mark, or that you are unhappy with the original mark. If the work is remarked, the new mark will take the place of the old, whether it is higher or lower. You must contact the original marker within a week of receiving the marked paper
10. Relationship between Assessment and Learning Objectives
All assessment tasks for this unit are designed to test your subject knowledge of Remedies. The objectives for this unit (above) detail the knowledge required. You will be expected to be familiar with all material contained in the set readings as well as that covered in lectures and seminars. The final exam covers the entire course, and the first assignment tests the important area of compensation. The skills we are focusing on in this unit will be assessed as follows:
· Written communication (assessed in 2 pieces of written assessment)
· Reading, comprehension and analysis of legal material (discuss, identify, describe, analyse, brief a case - assessed in both written assessment tasks)
· Problem solving (analyse hypothetical fact situation, apply – developed through class practice and assessed in all assessment tasks)
· Critical analysis - analytical thinking and evaluation (analyse, evaluate, explain – tested in all assessment tasks)
11. Plagiarism
The University defines plagiarism in its rules: "Plagiarism involves using the work of another person and presenting it as one's own." Plagiarism is a serious breach of the University's rules and carries significant penalties. You must read the University's policies and procedures on plagiarism. These can be found in the Handbook of Undergraduate Studies or on the web at: http://www.student.mq.edu.au/plagiarism/
The policies and procedures explain what plagiarism is, how to avoid it, the procedures that will be taken in cases of suspected plagiarism, and the penalties if you are found guilty. Penalties may include a deduction of marks, failure in the unit, and/or referral to the University Discipline Committee.
12. University Policy on Grading
The University requires all Divisions to adhere to a policy relating to the distribution of grades across high distinction, distinction, credit and pass grades. This means that on occasion a student's raw mark for a unit (ie, the total of their marks for each assessment item) may not be the same as that which they receive on their transcript. This is because the total raw mark may be scaled up or down so that the grades of all students in each unit sit within the distribution bands set down by the University. The policy does not require that any number of students are to be failed in any unit.
13. Schedule of Topics
Lectures and seminars run from weeks 1-12 of the semester. Optional revision classes will be held in week 13. Lectures will be held on Tuesdays 9-11 in C5C T1, and will cover the topic area to be discussed in that week’s tutorials.
Week 1 (Lecture 2/3/04)
Nature, Scope and Goals of Remedial Law; Self-Help Remedies
Compensation in particular situations: compensation, damages
Reading: TNK pp1-77
Week 2 (lecture 9/3/04)
Compensation in particular situations: personal injury, birth, death, defamation
Reading: TNK pp 77-152
Week 3 (lecture 16/3/04)
Compensation in particular situations: property and economic loss, breach of contract
Reading: TNK pp 152-222
Week 4 (lecture 23/3/04)
Compensation in particular situations: breach of contract (cont), concurrent liability
General principles of compensation: causation
Reading: TNK pp 222- 283
Week 5 (lecture 30/3/04)
General principles of compensation: certainty, contributory negligence, remoteness, mitigation, public policy
Reading: TNK pp 283- 367
Week 6 (lecture 6/4/04) NO SEMINARS
General principles of compensation (cont): inflation, tax, overlap, interest and damages for loss of use;
Compensation in equity: taking accounts, restoring trust estate, compensating for loss in equity, Lord Cairns Act
Reading: TNK pp 367 – 450
Seminars (all classes) for this topic will be held after the break, in week 7 (because of Good Friday public holiday 9/4/04)
RECESS 9/4/04 – 25/4/04
OCS SAT 17/4/04 AND SUN 18/4/04
Week 7 (seminars 29-30/4/04) : SEMINARS ONLY, NO LECTURE
Seminar topics as for lecture week 6
Reading: TNK pp 367-450
Week 8 (lecture 4/5/04)
Restitution
Reading: TNK pp 450 – 519
Week 9 (lecture 11/5/04)
Punishment;
Coercion: general principles: forms of coercive relief, inadequacy of damages
Reading: TNK pp 519- 592
Week 10 ( lecture 18/5/04)
Coercion: general principles: inadequacy of damages (cont), discretionary nature of equitable relief
Reading: TNK pp 592- 662
Week 11 (lecture 25/5/04)
Coercion: general principles: discretionary nature of equitable relief (cont), relationship between coercive and compensatory relief
Injunctions in particular situations: Interlocutory injunctions, restraints on injunctions
Reading: TNK pp 662- 733
Week 12 (lecture 1/6/04)
Injunctions (cont): injury to property, public and criminal law
personal injury, defamation, breach of contract, TPA, equity
Reading: TNK pp 733-803
Week 13
Optional revision lecture and seminars