511 Remedies (Lavoie)

LAW511

Remedies

(Lavoie)

Prerequisite courses: N/A

Prerequisite for:

Instructor(s): Professor Malcolm Lavoie

Course credit: 3

Method of presentation: Lecture

METHOD OF EVALUATION

100% Final Exam

COURSE DESCRIPTION

How should wrongs be righted? What is the proper role of a court in responding to a successful claim? Should a court simply seek to uphold the rights of the plaintiff, or are other factors relevant to determining what remedy to grant? In what circumstances should courts exercise discretion in granting remedies? How can the loss of something without a market value (like a limb) be translated into a monetary award? How does a court assess damages for something a party didn’t do (like fulfill the terms of a contract)? What are courts trying to achieve when they set damage awards? What are the proper limits of a court’s coercive powers?

These are some of the questions we will confront in this course, which deals with the law governing judicial remedies, with a primary emphasis on private law disputes (ie. property, contract, tort, and unjust enrichment). Topics will include: damages, specific performance, injunctions, restitution for unjust enrichment, and remedies for the breach of Aboriginal proprietary interests.

SPECIAL COMMENTS

Description updated 2018-19. Please contact the instructor for any specific questions you may have related to this particular course section.

REQUIRED TEXTS (IF ANY):

TBD