LAWGENRL 427 : Equitable Remedies

Law

2020 Semester Two (1205) (15 POINTS)

Course Prescription

Examination of the more important remedies and orders granted in the court's equitable jurisdiction (excluding constructive trusts). Particular attention is directed to remedies in aid of judgment and interlocutory orders to maintain the court's authority over the parties or their property.

Course Overview

A study of some of the principal orders and remedies  devised by equity in aid of civil proceedings. These include an account of profits, equitable compensation and damages, specific performance, interlocutory injunctions, freezing (Mareva) orders and search (Anton Piller) orders.

Course Requirements

Prerequisite: LAW 306 Restriction: LAW 481

Capabilities Developed in this Course

Capability 1: Disciplinary Knowledge and Practice
Capability 2: Critical Thinking
Capability 3: Solution Seeking
Graduate Profile: Bachelor of Laws

Learning Outcomes

By the end of this course, students will be able to:
  1. Analyse case law and identify legal principles therefrom and apply this to actual and hypothetical scenarios. (Capability 1.2, 1.3, 2.1, 2.2, 2.3, 3.1, 3.2 and 3.3)
  2. Understand legal principles and theory underlying equitable obligations and gain insight into the remedial implications of their breach. (Capability 1.1, 1.3, 2.1, 2.2 and 2.3)
  3. Identify the elements of interlocutory orders, including emergency relief, and understand their relationship to the objectives of civil justice. (Capability 1.3, 2.1, 2.2, 2.3, 3.1, 3.2 and 3.3)
  4. Evaluate a particular case, undertake in-depth analysis and write a critical and analytical case note on the decision. (Capability 1.3, 2.1, 2.3, 3.1, 3.2 and 3.3)

Assessments

Assessment Type Percentage Classification
Case Studies 15% Individual Coursework
Essay 20% Individual Coursework
Final Exam 65% Individual Examination
Assessment Type Learning Outcome Addressed
1 2 3 4
Case Studies
Essay
Final Exam

Learning Resources

Case book or online version in Canvas.
Recommended text: Blanchard (ed) Civil Remedies in New Zealand (2nd ed).

Workload Expectations

This is a standard 15-point course. There will be approximately 36 hours of lectures in this course. As a general guide, you should expect a workload of three hours outside of the classroom for each hour spent in class.  The guideline for the workload for this course is 150 hours. Revision for the Examination and writing a case note and essay are additional. The guideline for the total workload for this course is 180 hours.

Digital Resources

Course materials are made available in a learning and collaboration tool called Canvas which also includes reading lists and lecture recordings (where available).

Please remember that the recording of any class on a personal device requires the permission of the instructor.

Academic Integrity

The University of Auckland will not tolerate cheating, or assisting others to cheat, and views cheating in coursework as a serious academic offence. The work that a student submits for grading must be the student's own work, reflecting their learning. Where work from other sources is used, it must be properly acknowledged and referenced. This requirement also applies to sources on the internet. A student's assessed work may be reviewed against online source material using computerised detection mechanisms.

Inclusive Learning

All students are asked to discuss any impairment related requirements privately, face to face and/or in written form with the course director, lecturer or tutor.

Student Disability Services also provides support for students with a wide range of impairments, both visible and invisible, to succeed and excel at the University. For more information and contact details, please visit the Student Disability Services’ website at http://disability.auckland.ac.nz

Special Circumstances

If your ability to complete assessed coursework is affected by illness or other personal circumstances outside of your control, contact a Student Academic and Support Adviser as soon as possible before the assessment is due.

If your personal circumstances significantly affect your performance, or preparation, for an exam or eligible written test, refer to the University’s aegrotat or compassionate consideration page: https://www.auckland.ac.nz/en/students/academic-information/exams-and-final-results/during-exams/aegrotat-and-compassionate-consideration.html.

This should be done as soon as possible and no later than seven days after the affected test or exam date.

Student Feedback

At the end of every semester students will be invited to give feedback on the course and teaching through a tool called SET or Qualtrics. The lecturers and course co-ordinators will consider all feedback and respond with summaries and actions.

Your feedback helps teachers to improve the course and its delivery for future students.

Class Representatives in each class can take feedback to the department and faculty staff-student consultative committees.

Student Charter and Responsibilities

The Student Charter assumes and acknowledges that students are active participants in the learning process and that they have responsibilities to the institution and the international community of scholars. The University expects that students will act at all times in a way that demonstrates respect for the rights of other students and staff so that the learning environment is both safe and productive. For further information visit Student Charter (https://www.auckland.ac.nz/en/students/forms-policies-and-guidelines/student-policies-and-guidelines/student-charter.html).

Disclaimer

Elements of this outline may be subject to change. The latest information about the course will be available for enrolled students in Canvas.

In this course you may be asked to submit your coursework assessments digitally. The University reserves the right to conduct scheduled tests and examinations for this course online or through the use of computers or other electronic devices. Where tests or examinations are conducted online remote invigilation arrangements may be used. The final decision on the completion mode for a test or examination, and remote invigilation arrangements where applicable, will be advised to students at least 10 days prior to the scheduled date of the assessment, or in the case of an examination when the examination timetable is published.

Published on 20/12/2019 09:57 a.m.