Module overview
This module combines study of remedies in contract and in tort.
The module will be based on two problem questions, introduced at the start of the module. The intention is to use these as the focus of the discussion of the formal and real world approaches to remedies in contract and tort.
In addressing Contract, the explanation will focus on the difference between the orthodox basis for contract damages, i.e. the expectation interest, and the actual approach of the courts in hard cases e.g. the Blake case law on the measure of damages for deliberate breach. This will be combined with the empirical evidence on the limited use of these remedies in practice, compared to 'self-help' remedies that do not require court action, such as the ability to not perform.
In addressing Tort, the module will consider both the formal approach to compensation in tort, and the relationship between tort, the civil legal aid system and the purported rise of a 'compensation culture'.
The module concludes by revisiting the problem questions set at the start of the semester in light of the issues considered in class.