76021 Advanced Remedies

Description

This subject deals with the range of self-help and court-ordered private remedies available to a plaintiff in civil proceedings. It brings together what students have studied or are studying in core subjects such as equity, contract and tort, and electives such as trade practices and intellectual property, into one coherent subject. A plaintiff often has more than one cause of action, and more than one remedy, and complete advice requires a comparison and evaluation of the alternatives. This subject aims to provide an understanding of the remedies available at common law, in equity and under statute, their interrelationship and the practical and theoretical considerations that underpin them.

Following an introduction to the subject and discussion of pre-judgment and self-enforcing remedies, final remedies for civil wrongs and their enforcement are covered, commencing with damages. The nature of damages, nominal damages and compensatory damages are covered, followed by alternative forms of damages based on the defendant's gain rather than the plaintiff's loss. Non-monetary remedies are then covered. These are traditionally equitable: the nature of the equitable discretion is considered, followed by generally available equitable remedies and then contract-specific equitable remedies and their statutory extensions. The subject concludes by considering discretionary damages for civil wrongs and finally damages which do not depend on the commission of any wrong.