Overview
This advanced course examines the principles, purposes, and practical application of remedies for civil wrongs and breaches of legal duty. It addresses compensatory, nominal, aggravated, and exemplary damages; expectation, reliance, and restitutionary measures; causation, remoteness, foreseeability, mitigation, contributory fault, and the assessment of loss.
The course considers specific performance, injunctions, declarations, rescission, rectification, restitution, accounts of profits, tracing, equitable compensation, and proprietary remedies across contract, tort, equity, property, and commercial disputes. Students compare common-law and equitable approaches, evaluate remedial discretion, and examine evidentiary proof, quantification of intangible and future losses, interim relief, enforcement, limitation periods, and policy debates concerning corrective justice, deterrence, efficient breach, and proportionality. Emphasis is placed on advising clients and drafting pleadings, submissions, and remedy-focused legal opinions supported by leading authorities.
Learning Outcomes
- Identify appropriate legal and equitable remedies for disputed facts across contract, tort, equity, property, and commercial law.
- Analyze factual and legal causation, remoteness, foreseeability, mitigation, contributory fault, and limitation issues affecting remedial entitlement.
- Calculate and critique damages using expectation, reliance, restitutionary, and other applicable models of loss.
- Distinguish substantive rights from remedial responses and evaluate the interaction between common-law and equitable principles.
- Interpret and apply leading authorities governing remedial discretion, injunctions, specific performance, restitution, and proprietary remedies.
- Evaluate evidentiary material relevant to present, future, intangible, and consequential losses.
- Advise clients on strategic remedial options, enforcement risks, and proportionality considerations.
- Draft well-supported pleadings, written submissions, and legal opinions addressing entitlement, quantification, and relief.
Timetable
| Type | Length | Frequency | Period |
|---|---|---|---|
| Lecture | 2 hours | Weekly | All semester |
| Tutorial | 1 hour | Weekly | All semester |
| Workshop | 2 hours | Fortnightly | All semester |
Assessment Schedule
| Type | Description | Weighting |
|---|---|---|
| Assignment | Remedies memorandum advising on remedial options in a civil dispute. | 20.00% |
| Assignment | Remedial quantification and authorities analysis. | 15.00% |
| Tutorial | Advocacy exercise on interim and final relief. | 15.00% |
| Test | In-semester problem-solving test. | 20.00% |
| Exam | Final examination on principles, application, and critique of remedies. | 30.00% |
Prerequisites
Teaching Staff & Programs
This course is delivered jointly by faculty from the participating programs listed below. In line with the Douchewater Way, the University of Sexology tailors core instruction directly to each cohort's specific discipline — adapting curriculum to program needs rather than forcing students into a one-size-fits-all model. Learn more about our approach at The Douchewater Way.
