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    LS161 REMEDIES IN PRIVATE LAW- COURSE OUTLINE-2

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    LS161 REMEDIES IN PRIVATE LAW- COURSE OUTLINE-2

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    alexandernelsonchanda01
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    Course Outline

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    Course Outline

    Copyright:

    © All Rights Reserved
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    Download as pdf or txt
    2 views4 pages

    LS161 REMEDIES IN PRIVATE LAW- COURSE OUTLINE-2

    Uploaded by

    alexandernelsonchanda01
    Course Outline

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
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    THE COPPERBELT UNIVERSITY

    SCHOOL OF HUMANITIES

    DEPARTMENT OF LAW

    REMEDIES IN PRIVATE LAW

    LS161

    PURPOSE OF THE COURSE:

    One of the most venerable and most often recited principles of the common law is the Latin
    maxim; “ubis jus, ibi remedium” (where there is a right, there is a remedy). This remedies
    course is principally concerned with the remedial responses to both common law and
    equitable wrongs. It examines these responses by focusing on the principal objectives of
    private law remedies: compensation, restitution, punishment and coercion. The course builds
    on and extends the students’ knowledge of foundational law subjects including the law of
    torts, the law of contract, the law of equity and principles of property law. Importantly, it
    provides a way of understanding private law as an integrated whole and allows the student
    to see the links and connections between these contextual categories.

    LEARNING OUTCOMES:

    At the end of the course, the student should be able to:

    • Analogize, distinguish and synthesize cases across bodies of law


    • Understand the legal doctrine and policy of the law regarding remedies
    • Distinguish between legal and equitable remedies
    • Analyze the intervention of statutory law and its meaning and implications, including
    caps
    • Apply the concepts at the intersection of tort, contract and equity and the principles of
    remedies to hypothetical factual scenarios, in order to predict how a court might decide
    the issues arising on those facts
    • Evaluate and critique the legal and equitable rules in light of policy goals
    • Propose suggestions to enhance fairness and justice

    METHOD OF LEARNING:

    Formal 4 hours of lectures per week provide a foundation of the course on which the
    students are expected to build on through directed learning and self- managed study. The
    students are actively encouraged to form study groups of not more than five (5) members
    to discuss course materials as different students have different capabilities. This helps
    with the creation of better team payers hence fostering a greater depth of university
    learning experience.

    Other methods may include but not limited to videos, class discussions, group exercises
    and case studies.

    The course being a half course will be taught over a period of 30 weeks (10 weeks per
    term). The time required to lecture this course is 60 hours translating to two (2) hours
    each week.

    This course is a half course and is worth (2.5) Two and a half credits.

    Other methods may include but not limited to videos, class discussions, group exercises
    and case studies.

    ASSESSMENT
    Continuous assessment will be of at least two (2) assignments and a test.

    Students will be required to write end of year examinations as per university regulations.
    Continuous Assessment 40%

    Final Examination 60%

    EXAMINATION FORMAT
    The examination is unseen, closed book and 3 hours in duration. Students will be required
    to answer 5 questions out of 7.
    Students will have to answer 2 questions from section A and 3 questions from section B.
    Question 1 will be compulsory. All questions will carry equal marks (20).
    Recommended reading

    Roger Halson, David Campbell (eds), Research Handbook on Remedies in Private Law
    (Edward Elgar Publishing Limited, Chaltenham, UK) 2019

    Additional reading

    1. H. Beale (ed), Chitty on Contracts, 32nd edn, (Sweet & Maxwell, London) 2015

    2. Charles E.F. Rickett (ed), Justifying Private Law Remedies, (Hart Publishing)
    2008

    3. J. McGhee, Snell’s Equity, 13th edn (Sweet & Maxwell, London) 2000

    Course outline

    PART 1 GENERAL PRINCIPLES OF PRIVATE LAW

    1.0 Introduction to Private Law


    1.2 The Nature of Private Law
    1.3 Classification of Private Law
    1.4 Sources of Private Law

    PART 2 THEORY OF REMEDIES

    2.1 Definition of Remedies


    2.2 Nature of Remedies
    2.3 Components of a Valid Remedy

    PART 3 LEGAL REMEDIES: DAMAGES

    3.1 Definition of Damages


    3.2 Types of Damages
    3.2.1 Compensatory Damages
    3.2.2 Incidental Damages
    3.2.3 Consequential Damages
    3.2.4 Nominal Damages
    3.2.5 Liquidated Damages
    3.2.6 Aggravated Damages
    3.2.7 Punitive Damages

    PART 4 EQUITABLE REMEDIES

    4.1 Overview

    4.2 Types of Remedies in Equity

    4.2.1 Specific Performance

    4.2.2 Injunction

    4.2.3 Restitution

    PART 5 LIMITATIONS ON PRIVATE LAW REMEDIES

    5.1 Foreseeability

    5.2 Mitigation of Damages

    5.3 Certainty of Damages

    5.4 Loss of Power of Avoidance

    5.5 Agreement of the Parties Limiting Remedies

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