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71116 Remedies

6cp
Requisite(s): 70317c Real Property
The lower case 'c' after the subject code indicates that the subject is a corequisite. See definitions for details.

Description

This subject principally flows on from 70311 Torts and 70211 Contracts, focusing on the common law and equitable remedies available for those common law causes of action. The subject also introduces students to statutory remedies for misleading and deceptive conduct under the Australian Consumer Law. Accordingly, this subject compares and contrasts common law, and equitable and statutory remedies, demonstrating how a particular interest may be protected by the law in several ways.

This subject links with the private law subjects studied in a law degree. The interests protected by tort, contract and real property, which together provide the general legal foundation for modern private law, overlap, therefore interference with these interests may be protected by more than one right or remedy.

A fundamental objective of the study of remedies is to consider the various court-ordered remedies that may be sought by a person who has been wronged and comparatively evaluate them. The study of remedies is concerned with choices available and considerations which inform them.

Damages are generally available unconditionally for common law wrongs. Equity may provide a discretionary remedy where common law damages are inadequate. The Australian Consumer Law provides both damages and a 'smorgasbord' of other discretionary remedies. While, similar to the common law, statutory damages are available to unconditionally compensate for loss, the discretionary remedies are conditioned on the court's view of appropriateness, an inquiry which is broader-ranging than exercise of the equitable discretion.

This subject not only provides a conceptual foundation for considering and analysing the various remedies available for rights to be studied later in the degree; coverage of the statutory deceptive trade practices action also provides a stepping stone from rights developed by judges and studied early in the degree to the statutory rights to be studied later in the degree (eg corporate and commercial law, and most electives).


Detailed subject description.

Fee information

Information to assist with determining the applicable fee type can be found at Understanding fees.

Access conditions

Note: The requisite information presented in this subject description covers only academic requisites. Full details of all enforced rules, covering both academic and admission requisites, are available at access conditions and My Student Admin.