71116 Remedies
Warning: The information on this page is indicative. The subject outline for a
particular session, location and mode of offering is the authoritative source
of all information about the subject for that offering. Required texts, recommended texts and references in particular are likely to change. Students will be provided with a subject outline once they enrol in the subject.
Subject handbook information prior to 2025 is available in the Archives.
Credit points: 6 cp
Result type: Grade and marks
Requisite(s): 70211 Contracts AND 70311 Torts AND 70517 Equity and Trusts
Description
This subject 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, equitable and statutory remedies, demonstrating how a particular interest may be protected by the law in several ways. Students are also introduced to the law of restitution.
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.
Subject learning objectives (SLOs)
Upon successful completion of this subject students should be able to:
| 1. | Identify, evaluate and appropriately describe and apply the various private law remedies available at common law, in equity and under statute. |
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| 2. | Critically and comparatively evaluate the historical, practical, strategic and jurisprudential differences between remedies available at common law, in equity and under statute. |
| 3. | Make and justify informed choices about particular remedies, select and apply an appropriate remedy recognising when its application to different wrongs will differ. |
| 4. | Write a professional, logical and properly-argued legal advice on remedies available to a client, based upon a fact scenario. |
| 5. | Apply legal research skills to locate relevant primary and secondary materials to identify and apply the correct legal principles to provide a written advice to a client. |
Course intended learning outcomes (CILOs)
This subject also contributes specifically to the development of the following graduate attributes which reflect the course intended learning outcomes:
- Legal Knowledge
A coherent understanding of fundamental areas of legal knowledge including:
a. The Australian colonial and post-colonial legal system, international and comparative contexts, theoretical and technical knowledge;
b. The broader contexts within which legal issues arise and the law operates including cultural awareness, social justice and policy;
c. The impact of Anglo-Australian laws on Indigenous peoples, including their historical origins in the process of colonisation and ongoing impact; and
d. The principles and values of justice and ethical practices in lawyers' roles. (LAW.1.1) - Critical Analysis and Evaluation
A capacity to think critically, strategically and creatively, including the ability to:
a. Identify and articulate legal issues in context, including the skill of critical reading and writing;
b. Apply reasoning and research to generate appropriate responses;
c. Engage in critical analysis and make a reasoned choice amongst alternatives; and
d. Think creatively in approaching legal issues and generating appropriate responses. (LAW.3.1) - Research skills
Well-developed cognitive and practical skills necessary to identify, research, evaluate and synthesise relevant factual, legal and policy issues. (LAW.4.1) - Communication
Effective and appropriate communication skills including:
a. Highly effective use of the English language to convey legal ideas and views to different and diverse audiences and environments;
b. An ability to communicate to inform, analyse, report and persuade;
c. An ability to strategically select an appropriate medium and message;
d. An ability to assess how messages are received and alter communication strategies accordingly; and
e. An ability to be responsive and adaptive to the perspectives of collaborators, clients, counter parties and others. (LAW.5.1)
Teaching and learning strategies
Strategy 1: Doctrinal learning in videos, readings and other self-directed learning
Recorded weekly videos provide some of the legal knowledge (GA 1) that students must understand to pass this course. They act as an overview by providing an entry into the relevant principles and by signposting key areas of interest.
Students are expected to develop and fill in the details of their legal knowledge with their prescribed readings, self-directed learning and tutorial participation.
Strategy 2: Comparative analysis & evaluation in tutorials
Students will develop their legal knowledge (GA 1) and critical analysis and evaluation skills (GA 3) by attending and participating in tutorials. Students will work collaboratively to advise clients in hypothetical scenarios on the legal remedies available to them. Students will learn to identify alternative causes of actions and remedies arising from factual scenarios and critically evaluate which are the most desirable for the client. The skills practiced in tutorials will be applied in the formal summative assessments.
Strategy 3: Summative research and written assessments
Students will apply their research (GA 4) and written communication skills (GA 5) to produce written, formally assessed responses to legal questions involving hypothetical scenarios. In doing so, they will also draw on their legal knowledge and critical analysis skills practiced in tutorials. Students’ research skills will be tested by setting questions on legal principles not directly covered in lectures or tutorials thus requiring them to research the appropriate responses.
Strategy 4: Formal and informal feedback
Both formal and informal feedback will be provided consistently throughout the semester.
Formal feedback will consist of results and comments provided on summative assessments, and advice provided at the cohort level on assessments.
Topic-based practice quizzes will provide students will immediate formative feedback after each video in a module. Students can, therefore, quickly identify gaps in their knowledge and confirm their understanding.
Assessable module quizzes done at the end of watching the module's videos, but before the tutorial for the corrsponding module, will provide low stakes summative feedback on the entire module.
Informal feedback will also be provided in tutorials where students can test their understanding of the readings and their legal knowledge.
It is important to recognise that feedback is more than comments by an academic written on an assessment. Feedback occurs informally by participating in discussions with teaching staff and your peers. For example, if you offer an opinion on a problem question with a peer and your peer agrees with your opinion or suggests an alternative, then you have just received feedback. If you then offer that opinion in a class discussion and the teaching staff comments on it, then you have received feedback.
If you do not attend tutorials, then you significantly reduce the amount of feedback you receive during the teaching session.
Subject Delivery:
- Videos: The weekly videos cover the doctrinal foundations of remedies for tort, contract, deceptive trade practices and restitution.
- Tutorials: The weekly tutorials run as interactive discussion groups, based around set questions. Students must complete the required preparation (readings, tutorial questions) before the tutorial.
- Readings: Readings provide further detail on the principles covered in the videos. Students are encouraged to read cases in full for a deeper understanding of the principles.
Content (topics)
Topic 0 Introduction
- Introduction to subject
- Function
- Jurisdiction
- Theory
- Alternative | Cumulative
Topic 1 Common law damages
- Introduction to damages
- The discount rate
- Causation
- Scope of liability: Remoteness, Mitigation, Contributory negligence, Proportionate liability
- Personal injury at common law
- Aggravated and exemplary damages
- Personal injury under the Civil Liability Act
- Collateral benefits
- Assessing possibilities
- Interest, Tax
- Property damage and interests
- Economic torts
- Breach of contract
Topic 2 Equitable remedies
- Introduction to equitable remedies
- Equitable defences
- Specific performance
- Injunctions
- Rescission
- Rectification
Topic 3 Statutory remedies
- Australian Consumer Law s 236
- Australian Consumer Law s 237
Topic 4 Restitution
- Money had and received
- Quantum meruit / valebat
- Defences
Assessment
Assessment task 1: Module Quizzes
| Intent: | Each week you will watch videos in a Module on Canvas to gain the legal knowledge required to pass this subject. This assessment requires you to reflect on and apply that legal knowledge by attempting weekly online quizzes. In attempting and completing these quizzes you will:
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| Objective(s): | This task addresses the following subject learning objectives: 1 This task contributes specifically to the development of the following graduate attributes: LAW.1.1 |
| Weight: | 10% |
| Criteria: | 1.25 marks will be awarded for each module quiz that is completed on time with a result of at least 8/10. The maximum marks that can be earned for completing the module quizzes is 10 marks. That is, passing eight of ten module quizzes will result in full marks for this assessment. |
Assessment task 2: Minor Research Assignment
| Intent: | Enable students to:
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| Objective(s): | This task addresses the following subject learning objectives: 1, 3 and 5 This task contributes specifically to the development of the following graduate attributes: LAW.1.1, LAW.4.1 and LAW.5.1 |
| Weight: | 15% |
| Length: | Approximately 500 words. |
| Criteria: |
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Assessment task 3: Major Research Assignment
| Intent: | Enable students to:
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| Objective(s): | This task addresses the following subject learning objectives: 1, 2, 3, 4 and 5 This task contributes specifically to the development of the following graduate attributes: LAW.1.1, LAW.4.1 and LAW.5.1 |
| Weight: | 35% |
| Length: | 1,500 words, with 10% leeway. |
| Criteria: |
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Assessment task 4: Exam
| Intent: | This assessment draws together the topics that students have studied this semester and provides an opportunity for students to demonstrate their mastery of it. |
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| Objective(s): | This task addresses the following subject learning objectives: 1, 2 and 3 This task contributes specifically to the development of the following graduate attributes: LAW.1.1, LAW.3.1, LAW.4.1 and LAW.5.1 |
| Weight: | 40% |
| Length: | 2-hour exam within a 3-hour window. |
| Criteria: |
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Required texts
There is no prescribed text only recommended readings. See following section for recommended texts.
Key Legislation
- Civil Liability Act 2002 (NSW)
- Law Reform (Miscellaneous Provisions) Act 1965 (NSW)
- Australian Consumer Law
Recommended texts
Principal recommended texts
Students may like to obtain one of the following to supplement the weekly videos.
- Katy Barnett and Sirko Harder, Remedies in Australian Private Law (2nd ed, Cambridge University Press, 2018)
- Katy Barnett, Kenneth Yin and Martin Allcock, Remedies Cases and Materials in Australian Private Law (Cambridge University Press, 2023)
- Wayne Covell, Keith Lupton and Louise Parsons, Principles of Remedies (8th ed, LexisNexis, 2022)
See Canvas for more information on these recommended texts, including whether they are available online through UTS Library.
Other recommended texts
- Bant, Witzleb, Barker & Degeling, Remedies: Commentary & Materials (Lawbook Co, 7th ed, 2020)
- David Wright, Remedies (Federation Press, 2nd ed, 2014)
- Civil Liability Australia (LexisNexis Australia Online Commentaries)
- Commercial Damages (Legal Online (Lawbook) Online Commentaries)
- Commonwealth, Review of the Law of Negligence: Final Report (“The Ipp Report”) (2002), at http://www.treasury.gov.au/ConsultationsandReviews/Reviews/2002/Review-of-the-Law-of-Negligence
- Luntz, Assessment of Damages for Personal Injury and Death (5th ed, LexisNexis, 2021)
- Meagher, Heydon & Leeming, Meagher, Gummow & Lehane’s Equity: Doctrines & Remedies (LexisNexis Buterworths, 5th ed, 2014)
- Wright & Hepburn, Remedies in Equity: The Laws of Australia (Thomson Reuters 2010)
- Mason, Carter & Tolhurst, Mason & Carter’s Restitution Law in Australia (LexisNexis Butterworths, 3rd ed, 2016)
- E Bant and M Harding, Exploring Private Law (Cambridge University Press, 2001)
- Edelman & Bant, Unjust Enrichment in Australia (Hart Publishing, 2nd ed, 2016)
Any Torts and Contract texts you have - Students are also encouraged read the remedies and/or damages chapters of any tort text and any contract text they have. Often these chapters can provide a simple overview of the principles.