School Of LawRemediesWestern Sydney University Unit Code: 201060.1
Discipline: LAW NOT ELSEWHERE CLASSIFIED
Student Contribution Band: 4
Level: 7
Credit Points: 10
Prerequisite
201054 Equity & Trusts
Unit Enrolment Restrictions
Students must be enrolled in a postgraduate course.
About this Unit
This unit examines the nature, goals and structure of private law remedies, and is organised around the remedial goals of compensation, perfection, vindication, disgorgement, restitution, and punishment. Both judicial and non-judicial remedies in Australian private law are examined including the principles of the major common law, equitable, restitutionary, and statutory remedies available to wronged parties in a variety of circumstances. Emphasis is on the analysis of practical and theoretical advantages and disadvantages of various remedies. The unit explores how and why different remedial goals are accorded differing priority and are given effect in different ways across different areas of private law thereby deepening the student’s understanding of remedies and the nature of each of these substantive fields of private law. The content of this unit elucidates the principles relating to the assessment of all forms of damages under common law and statute as well as the judicial approaches to the grant of injunctions and other non-monetary relief.
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