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Remedies and Legal Skills in Context

  • Module code: LL6189
  • Year: 2018/9
  • Level: 6
  • Credits: 30
  • Pre-requisites: None
  • Co-requisites: None

Summary

This is a capstone module which draws together strands from the first two years of the law degree and integrates them with final year studies. It considers the response of English law to a range of different wrongs and adopts a critical stance, encouraging students to question the effectiveness of the range of remedies available. It complements the study of contract, tort, equity and public law by placing them within a single coherent whole.

Aims

  • To provide a context within which students can synthesise and apply the legal knowledge and skills they have gained over the course of their degree studies
  • To enable students to develop a critical understanding of the range of remedies available at common law, in equity and in public law
  • To enable students to develop a critical understanding of the law of restitution in the wider context of monetary claims both at common law and in equity.

Learning outcomes

On successful completion of the module, students will be able to:

  • demonstrate an ability to synthesise legal knowledge gained from modules taken at all three levels
  • demonstrate an understanding of the relationship between the remedy sought and the cause of action selected as a result
  • demonstrate evidence of good research skills and a clear ability to apply that research to the solution of specific legal problems
  • demonstrate a working knowledge of the range of legal remedies available, including common law damages and equitable remedies
  • demonstrate a critical understanding of the principles underlying the law of restitution 

Curriculum content

  • consideration the law of restitution as a distinct area of law based on the principle of unjust enrichment subject to the defence of change of position
  • detailed consideration of specific issues within the law of restitution; including compulsion, mistake, failure of consideration and restitution from public bodies
  • the principles underlying the award and quantum of common law damages
  • the remedies available for breach of contract; including specific performance, rescission and repudiation
  • equitable remedies, with particular emphasis on both final and interim injunctions
  • public law remedies, with particular emphasis on the role of judicial review

Teaching and learning strategy

The module is delivered through a programme of weekly one-hour lectures and weekly two-hour seminars. The lectures will outline the core module topics and refer students to cases and articles indicated in the handbook. Students will be required to read specific cases in advance of the relevant lectures in order that the lectures can go into some depth, deepening and challenging the students' own understanding of those cases. The seminars will provide an opportunity for the students to debate the underlying dynamics of each topic and to apply their knowledge and skills to a range of different legal contexts.

Breakdown of Teaching and Learning Hours

Definitive UNISTATS Category Indicative Description Hours
Scheduled learning and teaching Weekly face to face activities 66
Guided independent study Reading cases and materials and preparing for the seminars 234
Total (number of credits x 10) 300

Assessment strategy

The module will be assessed by a problem-based examination and a research project, based on materials covered in some specific seminars and in class activities. The research project will be submitted during the second teaching block. In addition, there will be an opportunity for formative assessment in the form of a mock examination at the start of the second teaching block.

The material covered in the lecture series and reinforced by some of the seminars will be assessed by an examination based on a complex factual scenario which will be pre-released to the students by two weeks. The specific advice sought by the parties will only become apparent in the examination hall. 

The research project will be based on specific seminars which will go beyond the material covered in the lecture series. Students will choose a topic which does not overlap with their other final year teaching and write a 3,000 word critical analysis.  

Mapping of Learning Outcomes to Assessment Strategy (Indicative)

Learning Outcome Assessment Strategy
1) demonstrate an ability to synthesise legal knowledge gained from modules taken at all three levels Seminars and then the examination and research project (including in class activities)
2) demonstrate an understanding of the relationship between the remedy sought and the cause of action selected as a result Seminars and then examination
3) demonstrate evidence of good research skills and a clear ability to apply that research to the solution of specific legal problems Seminars and then the research project (including in class activities)
4) demonstrate a working knowledge of the range of legal remedies available, including common law damages and equitable remedies Seminars and then examination
5) demonstrate a critical understanding of the principles underlying the law of restitution Seminars and then examination

Elements of Assessment

Description of Assessment Definitive UNISTATS Categories Percentage
Written examination Written exam 50
Coursework Research Project 50
Total (to equal 100%) 100%

Achieving a pass

It IS NOT a requirement that any major assessment category is passed separately in order to achieve an overall pass for the module.

Bibliography core texts

A.Burrows, Remedies for Torts and Breach of Contract (OUP)

Bibliography recommended reading

Latest editions of:

S.Worthington, Equity  (OUP)

S.Hedley, Restitution: its Division and Ordering (Sweet & Maxwell)

A.Burrows, The Law of Restitution (Butterworths)

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