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Remedies (LAWS50036)
Graduate coursework level 5Points: 12.5On Campus (Parkville)
About this subject
Contact information
Semester 1
Teaching staff:
Katy Barnett (Subject Coordinator)
For current student enquiries, contact the Law School Academic Support Office
November
Teaching staff:
Alysia Blackham (Subject Coordinator)
For current student enquiries, contact the Law School Academic Support Office
Overview
| Availability(Quotas apply) | Semester 1 - On Campus November - On Campus |
|---|---|
| Fees | Look up fees |
This subject studies the nature, goals and structure of private law remedies, and is organised around the remedial goals of compensation, perfection, vindication, disgorgement, restitution and punishment. The subject explores how and why these different remedial goals are accorded differing priority and/or are given effect in different ways across different areas of private law, specifically torts, contract and equity, thereby deepening the student's understanding of remedies and also the nature of each of these substantive fields of private law.
Students will engage with both doctrine and theory, moving between detailed case analysis and broader debates about justice, deterrence and policy. By studying remedies in this integrated way, students will develop a deeper understanding of how private law operates as a system, and of the choices judges and legislators make in shaping that system.
Indicative list of principal topics:
- Compensation (compensatory (including aggravated) damages for breach of contract, tort and in equity);
- Perfection (debt, specific performance and injunctions);
- Vindication (damages in substitution of rights and vindicatory damages);
- Disgorgement and accounting for profits;
- Restitution (the measure of restitution; rescission; unjust enrichment);
- Punishment in private law (exemplary damages); and
- Statutory remedies.
Intended learning outcomes
Upon successful completion of this subject, students will:
- Analyse the distinct remedial goals of private law—compensation, perfection, vindication, disgorgement, restitution and punishment—and assess their underlying justifications.
- Compare and contrast how tort, contract and equity give effect to remedial goals, and interpret the implications of these differences for private law doctrine.
- Apply case law, statutes and equitable principles to recommend appropriate remedies in complex factual problems.
- Critically evaluate theoretical frameworks that shape judicial reasoning on remedies, and formulate original arguments about their coherence and policy implications.
- Develop and defend persuasive written and oral arguments that demonstrate precise and nuanced legal reasoning in relation to contested remedial outcomes.
Generic skills
- Advanced legal reasoning and research skills, including the ability to locate, interpret and synthesise case law, statutes and scholarly commentary.
- Critical analysis and evaluation skills, enabling you to assess competing arguments, theoretical perspectives and policy considerations in private law.
- Problem-solving and application skills, demonstrated in advising on complex factual scenarios and recommending appropriate remedies.
- Written and oral communication skills, with an emphasis on presenting precise, persuasive and well-structured legal arguments.
Last updated: 1 December 2025