LLB304 Commercial Remedies

Unit Outline: Semester 1 2024, Gardens Point, Internal

Overview

In this unit, you will learn the law of remedies, including remedies available under the common law, equity and statute. This understanding is necessary for any legal practitioner and will equip you with the necessary knowledge to support common commercial practice and assist with the effective resolution of real-world commercial disputes. 

Learning Outcomes

On successful completion of this unit you will be able to:

1. Identify the laws and principles that govern the award and enforcement of remedies in commercial disputes including by statute (CLO 1.1)
2. Critically examine the relationship between rights and remedies across various areas of the law (CLO 2.1)
3. Apply knowledge of the law of remedies in analysing complex, real world commercial disputes (CLOs 1.1, 2.1)
4. Formulate strategic and practical solutions to resolve disputes and address client problems and needs in a way that reflects professional and ethical judgement (CLOs 2.2, 5.1)
5. Articulate and justify legal arguments and clearly communicate legal advice orally and in writing (CLOs 4.1, 4.2)
6. Work effectively in teams to analyse problems and formulate client solutions, and reflect on team processes (CLO 4.3)

Content

Learning Approaches

This unit employs an active and collaborative approach to learning. The learning has been designed to provide you with direct interaction with your instructors and peers and there is an expectation that you will attend live lectures and tutorials.

Prior to the live learning sessions, you will be supported through weekly unit material, interactive quizzes and formative learning activities that will introduce a range of practical and theoretical perspectives.

Your participation in the unit will include:

• Engagement in live lectures
• Engagement in live lectures that facilitate discussion. In these lectures, you will have the opportunity to solidify threshold understandings of unit content and assessment requirements
• Collaboration and discussion with peers and academic staff in live tutorials to network and apply your understandings
• Participation in tutorials that allow you to develop and practice your oral communication, critical analysis and legal problem-solving skills
• Access to a wide range of resources designed to promote collaboration to assist you to work in teams to resolve complex problems
• Discussions in live tutorials
• Collaborative problem-solving in live tutorials.

Feedback on Learning and Assessment

You are provided with feedback to assist your learning throughout the semester. The feedback is provided through:

• Discussions in workshops 
• Online materials 
• The individual feedback provided on your assessment 
• Generic assessment feedback posted on the unit's Canvas site
• Collaboration with peers and experts to network and share your understandings  

Assessment

Overview

In this unit you are graded on a scale of one to seven.

Students may be required to attend campus or an assessment centre for the purposes of assessment, regardless of the attendance mode for the unit.

Unit Grading Scheme

7- point scale

Assessment Tasks

Assessment: Negotiation Exercise

Acting as a team of lawyers representing clients, your group will prepare for and negotiate solutions to a real-world legal dispute based on your knowledge of commercial remedies. You will receive a contract one week prior to your negotiation exercise. In your live tutorial, you will receive further instructions and negotiate on behalf of your client to reach a negotiated settlement. One week following your negotiation exercise, you will submit an individual written reflection on your team's knowledge of remedies, negotiation strategies and the possible ethical considerations that were raised in the negotiation. 

This assessment task is eligible for the 48-hour late submission period and assignment extensions, but you will be expected to engage in a live tutorial (on campus or online) to complete the negotiation exercise component.

The 48-hour late submission period does not apply and no extension is available for this component of the assessment task.

Assessment: Examination

An end-of-semester examination (open book) will assess the depth of your knowledge and understanding of the topics of the unit as well as your ability to analyse and apply relevant legal rules and principles to solve defined problems. All topics covered in the unit are assessable.

Academic Integrity

Students are expected to engage in learning and assessment at QUT with honesty, transparency and fairness. Maintaining academic integrity means upholding these principles and demonstrating valuable professional capabilities based on ethical foundations.

Failure to maintain academic integrity can take many forms. It includes cheating in examinations, plagiarism, self-plagiarism, collusion, and submitting an assessment item completed by another person (e.g. contract cheating). It can also include providing your assessment to another entity, such as to a person or website.

You are encouraged to make use of QUT’s learning support services, resources and tools to assure the academic integrity of your assessment. This includes the use of text matching software that may be available to assist with self-assessing your academic integrity as part of the assessment submission process.

Further details of QUT’s approach to academic integrity are outlined in the Academic integrity policy and the Student Code of Conduct. Breaching QUT’s Academic integrity policy is regarded as student misconduct and can lead to the imposition of penalties ranging from a grade reduction to exclusion from QUT.

Resources

Resource Materials

Prescribed text(s)

Lindy Willmott, Sharon Christensen, Des Butler and Bill Dixon, Contract Law (Oxford University Press, Sydney, 5th ed, 2018) (from LLB202 Contracts)

W Covell, K Lupton and L Parsons, Principles of Remedies (LexisNexis, Sydney, 8th ed, 2022)

Recommended text(s)

Des Butler, Sharon Christensen, Bill Dixon and Lindy Willmott, Contract Law Case Book (Oxford University Press, 3rd ed, Sydney, 2018)

Des Butler, LexisNexis Questions and Answers: Contract Law (LexisNexis Butterworths, Sydney, 6th ed, 2018)

Gino Dal Pont and Don Chalmers, Equity & Trusts in Australia (Thomson Lawbook Co, Australia, 6th ed, 2015) -

Risk Assessment Statement

There are no unusual risks in this unit.

Course Learning Outcomes

LW36 Bachelor of Laws (Honours)

1. The essential principles and doctrines of Australian law and the Australian legal system
   Relates to: ULO1, ULO3, Negotiation Exercise, Examination
2. Using legal reasoning and critical thinking in applying law to legal problems and providing legal advice
   Relates to: ULO2, ULO3, Negotiation Exercise, Examination
3. Thinking creatively to resolve disputes and address clients’ needs, taking into account legal and non-legal considerations
   Relates to: ULO4, Negotiation Exercise
4. Knowing and using academic and legal writing conventions and communicating clearly, concisely and persuasively in written forms
   Relates to: ULO5, Negotiation Exercise, Examination
5. Using effective oral, visual and other professional communication in diverse contexts
   Relates to: ULO5, Negotiation Exercise
6. Collaborating with others to manage professional relationships and achieve shared goals
   Relates to: ULO6, Negotiation Exercise
7. Making professional and ethical judgements
   Relates to: ULO4, Negotiation Exercise

LW37 Bachelor of Laws (Honours) (Graduate Entry)

1. The essential principles and doctrines of Australian law and the Australian legal system
   Relates to: ULO1, ULO3, Negotiation Exercise, Examination
2. Using legal reasoning and critical thinking in applying law to legal problems and providing legal advice
   Relates to: ULO2, ULO3, Negotiation Exercise, Examination
3. Thinking creatively to resolve disputes and address clients’ needs, taking into account legal and non-legal considerations
   Relates to: ULO4, Negotiation Exercise
4. Knowing and using academic and legal writing conventions and communicating clearly, concisely and persuasively in written forms
   Relates to: ULO5, Negotiation Exercise, Examination
5. Collaborating with others to manage professional relationships and achieve shared goals
   Relates to: ULO6, Negotiation Exercise

LW38 Bachelor of Laws (Honours)

1. The essential principles and doctrines of Australian law and the Australian legal system
   Relates to: ULO1, Negotiation Exercise, Examination
2. Using legal reasoning and critical thinking in applying law to legal problems and providing legal advice
   Relates to: ULO2, ULO3, Negotiation Exercise, Examination
3. Thinking creatively to resolve disputes and address clients’ needs, taking into account legal and non-legal considerations
   Relates to: ULO4, Negotiation Exercise
4. Knowing and using academic and legal writing conventions and communicating clearly, concisely and persuasively in written forms
   Relates to: ULO5, Negotiation Exercise, Examination
5. Using effective oral, visual or other professional communication in diverse contexts
   Relates to: ULO5, Negotiation Exercise, Examination
6. Collaborating with others to manage professional relationships and achieve shared goals
   Relates to: ULO6, Negotiation Exercise
7. Making professional and ethical judgements
   Relates to: ULO4, Negotiation Exercise

LW39 Bachelor of Laws (Honours) (Graduate Entry)

1. The essential principles and doctrines of Australian law and the Australian legal system
   Relates to: ULO1, Negotiation Exercise, Examination
2. Using legal reasoning and critical thinking in applying the law to legal problems and providing legal advice
   Relates to: ULO2, ULO3, Negotiation Exercise, Examination
3. Thinking creatively to resolve disputes and address clients’ needs, taking into account legal and non-legal considerations
   Relates to: ULO4, Negotiation Exercise
4. Knowing and using academic and legal writing conventions and communicating clearly, concisely and persuasively in written forms
   Relates to: ULO5, Negotiation Exercise, Examination
5. Using effective oral, visual and other professional communication in diverse contexts
   Relates to: ULO5, Negotiation Exercise, Examination
6. Collaborating with others to manage professional relationships and achieve shared goals
   Relates to: ULO6, Negotiation Exercise
7. Making professional and ethical judgements
   Relates to: ULO4, Negotiation Exercise