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LAW6101 Remedies in Private Law

Note: Restricted to final year LLB students (M100 and M120 programmes).

Description

The module begins with the study of interlocutory relief and the nature of interim orders (eg, an order for detention, freezing injunctions, interim declarations). The module then proceeds to cover final remedies, beginning with awards of damages. It considers compensatory damages for breach of contract (expectation and reliance) and damages for loss in tort (economic loss, damage to property interests, personal injury and death). The examination of compensatory damages would conclude by considering awards of interest on damages. The module then considers those instances in which damages are awarded on a non-compensatory basis (eg, restitution and punitive damages). It is important to apply, in any instance, those factors which limit an award of damages and these factors (causation and uncertainty remoteness. Mitigation and the time of assessment) are examined. The study of damages would conclude with those instances in which there is judicial oversight of remedy stipulated by the parties to a contract. The module concludes with a consideration of those forms of final equitable relief – namely specific performance and injunctions. In each instance, a study of the availability of and limitations upon each of these remedies is undertaken.

Credits

15

Assessment

100 per cent exam

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