Remedies in Contract & Torts

Learning Outcomes

Knowledge and Understanding

Having successfully completed this module, you will be able to demonstrate knowledge and understanding of:

• existing areas of debate about what the law is and what it ought to be
• the policy objectives and values underpinning the granting of judicial remedies in private law
• the relationship between the formal rules of law governing the granting of judicial remedies and the operation of remedies in practice
• the main principles that govern the operation of judicial remedies

Subject Specific Intellectual and Research Skills

Having successfully completed this module you will be able to:

• identify and explain how certain facts, in an actual or hypothetical situation, may be ambiguous or uncertain, and to demonstrate how, if they are clarified or made more specific, they could lead to a different analysis
• draft legal advice upon such problems
• identify key legal and policy issues
• apply principles of the law of remedies, with appropriate legal authorities, in the solutions of practical problems
• analyse relevant legal materials, including case law and statutes
• critically appraise material including others’ arguments and offer solutions in existing areas of debate in remedies on contract and tort law

Transferable and Generic Skills

Having successfully completed this module you will be able to:

• develop and present a written argument with appropriate evidence demonstrating an appreciation of academic integrity
• apply information gained, through instruction and self-directed study, to inform, support or criticise a proposition
• locate and analyse relevant primary and secondary source materials
• distinguish relevant from irrelevant materials

The syllabus starts with two practical problems for consideration during the module, and an overview of the law of remedies. It continues with detailed introductions to remedies on Contract and in Tort. It then challenges these orthodox introductions by reference to developments in the theory and practice of remedies (especially damages) in Contract and Tort. It concludes by applying the knowledge gained to the problem questions raised at the outset.

Teaching will be delivered by lectures and seminars. You will be expected to attend all lectures and seminars. Seminars will involve a variety of exercises for which you will be expected to have prepared thoroughly.

Formative

This is how we’ll give you feedback as you are learning. It is not a formal test or exam.

Essay

• Assessment Type: Formative
• Feedback: Generic feedback provided via Blackboard, individual written feedback from tutors.
• Final Assessment: No
• Group Work: No

Summative

This is how we’ll formally assess what you have learned in this module.

Referral

This is how we’ll assess you if you don’t meet the criteria to pass this module.

Repeat

An internal repeat is where you take all of your modules again, including any you passed. An external repeat is where you only re-take the modules you failed.