Law of Civil Remedies is a compulsory subject in the Bachelor of Laws program offered by the Faculty of Law. Students enrolled in this subject will learn about the remedies available for torts, breach of contract and restitution arising from common law, equity and selected statutes (including consumer legislation and accident compensation schemes). Upon completion of the subject, students will be able to demonstrate their understanding of the role of remedies in civil matters. In particular, students will be able to critically assess the effectiveness of a range of different remedies when analysing complex legal problems both orally and in writing.
|Academic unit:||Faculty of Law|
|Subject title:||Law of Civil Remedies|
Delivery & attendance
|Attendance and learning activities:||There will be a 2 hour lecture each week (some of these may be pre-recorded) as well as a 1 hour tutorial. Some lectures may be pre-recorded and some tutorials may be replaced with online activities.|
|Prescribed resources:||No Prescribed resources. After enrolment, students can check the Books and Tools area in iLearn for the full Resource List.|
|[email protected] & Email:||[email protected] is the online learning environment at Bond University and is used to provide access to subject materials, lecture recordings and detailed subject information regarding the subject curriculum, assessment and timing. Both iLearn and the Student Email facility are used to provide important subject notifications. Additionally, official correspondence from the University will be forwarded to students’ Bond email account and must be monitored by the student.|
To access these services, log on to the Student Portal from the Bond University website as www.bond.edu.au
This subject is not available as a general elective. To be eligible for enrolment, the subject must be specified in the students’ program structure.
Assurance of learning
Assurance of Learning means that universities take responsibility for creating, monitoring and updating curriculum, teaching and assessment so that students graduate with the knowledge, skills and attributes they need for employability and/or further study.
At Bond University, we carefully develop subject and program outcomes to ensure that student learning in each subject contributes to the whole student experience. Students are encouraged to carefully read and consider subject and program outcomes as combined elements.
Program Learning Outcomes (PLOs)
Program Learning Outcomes provide a broad and measurable set of standards that incorporate a range of knowledge and skills that will be achieved on completion of the program. If you are undertaking this subject as part of a degree program, you should refer to the relevant degree program outcomes and graduate attributes as they relate to this subject.
Subject Learning Outcomes (SLOs)
On successful completion of this subject the learner will be able to:
- Acquire a good understanding of the various remedies available where a civil wrong has occurred, and the principles governing the availability of such remedies.
- Develop the ability to apply knowledge of these principles so as to identify relevant and substantive law relating to remedies and apply such law to new fact scenarios.
- Develop an understanding of the dynamic nature of these principles and the ability to evaluate the law critically.
- Develop an understanding of the basic principles of effective legal writing and apply that understanding in drafting a letter of demand and a letter of advice.
|*Class Participation||Tutorial Participation||15%||Ongoing||1, 2, 3, 4.|
|*Letter||Legal letter writing skills - letter of advice and letter of demand||25%||Week 7||1, 2, 4.|
|Take-home Test||24 hour take-home problem question||10%||Week 11||1, 2, 3.|
|Paper-based Examination (Open)||End of semester examination||50%||Final Examination Period||1, 2, 3, 4.|
- * Assessment timing is indicative of the week that the assessment is due or begins (where conducted over multiple weeks), and is based on the standard University academic calendar
- C = Students must reach a level of competency to successfully complete this assessment.
|High Distinction||85-100||Outstanding or exemplary performance in the following areas: interpretative ability; intellectual initiative in response to questions; mastery of the skills required by the subject, general levels of knowledge and analytic ability or clear thinking.|
|Distinction||75-84||Usually awarded to students whose performance goes well beyond the minimum requirements set for tasks required in assessment, and who perform well in most of the above areas.|
|Credit||65-74||Usually awarded to students whose performance is considered to go beyond the minimum requirements for work set for assessment. Assessable work is typically characterised by a strong performance in some of the capacities listed above.|
|Pass||50-64||Usually awarded to students whose performance meets the requirements set for work provided for assessment.|
|Fail||0-49||Usually awarded to students whose performance is not considered to meet the minimum requirements set for particular tasks. The fail grade may be a result of insufficient preparation, of inattention to assignment guidelines or lack of academic ability. A frequent cause of failure is lack of attention to subject or assignment guidelines.|
For the purposes of quality assurance, Bond University conducts an evaluation process to measure and document student assessment as evidence of the extent to which program and subject learning outcomes are achieved. Some examples of student work will be retained for potential research and quality auditing purposes only. Any student work used will be treated confidentially and no student grades will be affected.
Students must check the [email protected] subject site for detailed assessment information and submission procedures.
Policy on late submission and extensions
A late penalty will be applied to all overdue assessment tasks unless an extension is granted by the subject coordinator. The standard penalty will be 10% of marks awarded to that assessment per day late with no assessment to be accepted seven days after the due date. Where a student is granted an extension, the penalty of 10% per day late starts from the new due date.
Policy on plagiarism
University’s Academic Integrity Policy defines plagiarism as the act of misrepresenting as one’s own original work: another’s ideas, interpretations, words, or creative works; and/or one’s own previous ideas, interpretations, words, or creative work without acknowledging that it was used previously (i.e., self-plagiarism). The University considers the act of plagiarising to be a breach of the Student Conduct Code and, therefore, subject to the Discipline Regulations which provide for a range of penalties including the reduction of marks or grades, fines and suspension from the University.
Feedback on assessment
Feedback on assessment will be provided to students within two weeks of the assessment submission due date, as per the Assessment Policy.
If you have a disability, illness, injury or health condition that impacts your capacity to complete studies, exams or assessment tasks, it is important you let us know your special requirements, early in the semester. Students will need to make an application for support and submit it with recent, comprehensive documentation at an appointment with a Disability Officer. Students with a disability are encouraged to contact the Disability Office at the earliest possible time, to meet staff and learn about the services available to meet your specific needs. Please note that late notification or failure to disclose your disability can be to your disadvantage as the University cannot guarantee support under such circumstances.
Additional subject information
1. The weekly plan of topics is subject to review. Some of the topics may be presented in a different sequence. Some of the topics may be amended, replaced and/or adjusted within reason. 2. Although the delivery will mostly follow the lecture-tutorial model, some of the lectures and/or tutorials may be replaced by or complemented with blended-learning elements, including pre-recorded lectures and on-line exercises. 3. There is no prescribed texts. Reading materials will be provided and students can access textbooks as supplementary reading in the library. 4. Skills development and the opportunity for students to try out a skill, get feedback, and then try the skill again, is an important part of the teaching methodology in this subject. The letter writing task will take the form of scaffolded skills development. Students will submit the two letters separately, and will receive feedback on their first letter, in order to provide an opportunity for skills development before submitting the second letter. 5. In week 11 students will do a 24-hour take home problem question. The problem question will be similar to a typical exam question. Students will receive feedback on their work with a view to developing their competency in dealing with problem questions in the exam. In the past this activity has been very beneficial to students, and students have found it to be invaluable preparation for the final exam.
Common law damages
Special topic: damages for personal injury
Restitution, Specific Performance, Injunctions and other equitable remedies.
Statutory remedies (focussing on damages for misleading and deceptive conduct under the ACL).