LAWS13023 - Remedies

General Information

Unit Synopsis

Remedies is a unit that provides you with an overview of the source and extent of remedies that are available in Australia by statute, at common law and in equity. The unit develops a clear understanding of remedial law by analysing legal problems and identifying appropriate solutions, primarily in private law causes of action, such as tort, contract and property law. The unit deals with a wide range of remedies, including compelling performance, compensation, unjust enrichment, restitution, punishment, proprietary remedies, and self-help remedies. Remedies is a practically orientated unit, that supports students to develop the skills required to answer questions in legal problem-based scenarios, such as ‘what is the remedy for this cause of action’, ‘what options are available to this litigant’, and ‘how would a court likely deal with this issue’? Students will consider the appropriate remedies that may be available for a particular cause of action. The unit considers remedies in a functional manner; that is, to compensate for loss, to compel performance, to vindicate, to deal with gain-based relief for wrong, to provide restitution and to consider proprietary remedies. The unit also considers the enforcement of remedies, on an interlocutory and final basis, and the appropriate methodology for the assessment of damages.

Details

Level Undergraduate
Unit Level 3
Credit Points 6
Student Contribution Band SCA Band 4
Fraction of Full-Time Student Load 0.125
Pre-requisites or Co-requisites

Pre-requisite: LAWS11057 Introduction to Law

Important note: Students enrolled in a subsequent unit who failed their pre-requisite unit, should drop the subsequent unit before the census date or within 10 working days of Fail grade notification. Students who do not drop the unit in this timeframe cannot later drop the unit without academic and financial liability. See details in the Assessment Policy and Procedure (Higher Education Coursework).

Class Timetable View Unit Timetable
Residential School No Residential School

Unit Availabilities from Term 3 - 2024

There are no availabilities for this unit on or after Term 3 - 2024

Attendance Requirements

All on-campus students are expected to attend scheduled classes - in some units, these classes are identified as a mandatory (pass/fail) component and attendance is compulsory. International students, on a student visa, must maintain a full time study load and meet both attendance and academic progress requirements in each study period (satisfactory attendance for International students is defined as maintaining at least an 80% attendance record).

Assessment Overview

Recommended Student Time Commitment

Each 6-credit Undergraduate unit at CQUniversity requires an overall time commitment of an average of 12.5 hours of study per week, making a total of 150 hours for the unit.

Assessment Tasks

Assessment Task Weighting
1. Online Test 30%
2. Take Home Exam 70%

This is a graded unit: your overall grade will be calculated from the marks or grades for each assessment task, based on the relative weightings shown in the table above. You must obtain an overall mark for the unit of at least 50%, or an overall grade of ‘pass’ in order to pass the unit. If any ‘pass/fail’ tasks are shown in the table above they must also be completed successfully (‘pass’ grade). You must also meet any minimum mark requirements specified for a particular assessment task, as detailed in the ‘assessment task’ section (note that in some instances, the minimum mark for a task may be greater than 50%).

Consult the University's Grades and Results Policy for more details of interim results and final grades

Past Exams

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Every unit is reviewed for enhancement each year. At the most recent review, the following staff and student feedback items were identified and recommendations were made.

Unit learning Outcomes

On successful completion of this unit, you will be able to:

  1. Identify the sources of remedies in Australia
  2. Discuss private law remedies that logically follow civil litigation, and recurring issues, such as the issue of remoteness when considering compensatory damages
  3. Outline and discuss the basic the nature and purpose of remedies in a theoretical and practical sense, when determining potential remedies in a given fact situation
  4. Analyse how remedies confer rights to litigants to seek, and obtain, an appropriate order, when relying upon statutory provisions, the common law or equity.

Alignment of Assessment Tasks to Learning Outcomes
Assessment Tasks Learning Outcomes
1 2 3 4
1 - Online Test • • • •
2 - Take Home Exam • • • •
Alignment of Graduate Attributes to Learning Outcomes
• Introductory Level
• Intermediate Level
• Graduate Level
Graduate Attributes Learning Outcomes
1 2 3 4
1 - Communication • • • •
2 - Problem Solving • •
3 - Critical Thinking • • • •
4 - Information Literacy • •
6 - Information Technology Competence • • • •
8 - Ethical practice • • • •
Alignment of Assessment Tasks to Graduate Attributes
• Introductory Level
• Intermediate Level
• Graduate Level
Assessment Tasks Graduate Attributes
1 2 3 4 5 6 7 8 9 10
1 - Online Test • • • • •
2 - Take Home Exam • • • • •