Skip to main content

Module

LAW3253 : Private Law Remedies

  • Offered for Year: 2022/23
  • Module Leader(s):
  • Owning School: Newcastle Law School
  • Teaching Location: Newcastle City Campus
Semesters
Semester 1 Credit Value: 20
ECTS Credits: 10.0

Aims

In this module, students will examine the range of remedies that might be available in a private law claim. The module will be useful for students looking to progress to practice as a solicitor or a barrister as remedies are an important component of bringing any legal claim, and are specifically examined as part of the new Solicitors Regulation Authority exams. This is an advanced module and students will need a thorough understanding of the range of private law claims that might be brought in any given situation. The remedies will be studied in a practical context with students introduced to a range of legal skills that might be utilised in practice, including client interviewing, preparing a letter of advice, negotiation and/or mooting.

Outline Of Syllabus

1) Introduction to the Structure of Remedial Law

2) Compensatory Damages

3) Stripping Gains (or Restitutionary Damages)

4) Punitive Damages

5) Proprietary Remedies

6) Compelling Performance or Preventing a Wrong

7) Declaring Rights and Rectification

8) Self-help

9) Future of Remedial Law


Practical legal skills will be covered in fortnightly workshops.

Teaching Methods

Teaching Activities
Category Activity Number Length Student Hours Comment
Scheduled Learning And Teaching ActivitiesLecture122:0024:00N/A
Guided Independent StudyAssessment preparation and completion312:0036:00N/A
Scheduled Learning And Teaching ActivitiesWorkshops52:0010:00N/A
Scheduled Learning And Teaching ActivitiesDrop-in/surgery121:0012:00N/A
Guided Independent StudyIndependent study1118:00118:00N/A
Total200:00
Teaching Rationale And Relationship

Students will be encouraged in this module to think about private law beyond the boundaries of the modules which they have previously studied (eg contract, tort and equity). They will do this by comparing the various remedies that are available for private law claims. By focussing on the interests of prospective clients, students will develop the necessary skills to identify and select appropriate private law remedies. The lectures in this module will be used to examine the various remedies that are available for private law claims. In the workshops, students will be taught practical skills that they will utilise in legal practice and use those skills to advocate appropriate remedial responses for hypothetical clients.

Assessment Methods

The format of resits will be determined by the Board of Examiners

Other Assessment
Description Semester When Set Percentage Comment
Prof skill assessmnt1M50Students will write a letter of advice to a client based on a hypothetical fact situation - 2000 words
Prof skill assessmnt1M50Students decide whether to advance client’s claim by negotiation\litigation (moot) conduct that negotiation\litigation. 15 mins
Formative Assessments
Description Semester When Set Comment
Prof skill assessmnt1MStudents will conduct a client interview in pairs in the first workshop.
Assessment Rationale And Relationship

The assessment in this module is practically oriented, to enable students to see the significance of private law remedies to legal practice.

In a workshop at the beginning of this module, students will undertake a client interview to assess what information might be relevant to obtain from a client to be able to properly advise that client on an appropriate remedial response to their claim. This is formative only to allow students to ‘learn by doing’. It will enable students to make necessary connections between legal claims and facts and to think more broadly about the private law they have already studied in their degree.

After receiving appropriate skills development training, students will then put the knowledge of remedial law they have developed in this module into practice by completing two professional skills development assessments. The first is a letter of advice to a client in which the student will be required to explain the remedial options available to the client in the circumstances and which option is to be preferred and why. In the second, students will take steps to secure that remedy for the client through either a negotiation or moot (at the election of the student). Through these assessments, students will learn the practical significance of the content they are studying.

Reading Lists

Timetable