LAWSG185 Commercial Remedies

LAWSG185: COMMERCIAL REMEDIES
Credit value: 30 credits (15 ECTS, 300 learning hours)
Convenor: Paul Davies
Other Teachers: Ben McFarlane;
Charles Mitchell
Teaching Delivery: 20 x 2-hour weekly seminars, 10 seminars per term, Term One and Two
Who may enrol: Any UCL Master’s student
Prerequisites: None
Must not be taken with: None
Qualifying module for: LLM in International Commercial Law;
LLM in Litigation and Dispute Resolution
Introductory video Currently there is no introductory video for this module
Assessment
Practice Assessment: Opportunity for feedback on one optional practice essay per term (two in total)
Final Assessment: One 3-hour unseen written examination (100%)
Module Overview
Module summary:

A great deal of commercial litigation is concerned with what remedies should be awarded in response to wrongdoing. This course will cover the remedies available for both common law and equitable wrongs in the commercial context (broadly interpreted). Remedies for breach of fiduciary duty will be considered alongside breach of contract, for example, but remedies for personal injury and death will not be analysed in any detail. The aim is to understand the basis of both monetary and non-monetary remedies. Such an understanding is best obtained through a clear analysis of the leading cases and doctrine, in order to appreciate why the courts award certain remedies following commercial disputes.

Students with an interest in commercial law and litigation will enjoy this module. So will those who want to take an advanced obligations course. The module has been designed to sit alongside the modules on Restitution of Unjust Enrichment and International and Commercial Trusts Law, and students can take all three of these in conjunction without any significant repetition of material. Each week students are expected to read cases, textbook chapters and articles for class discussion and/or to prepare answers to problem questions which will be discussed in class. The teaching style is interactive: students are expected to ask and answer questions, make their own points and debate issues.

Module syllabus:

The module topics include:

  • Compensation (this will take up the first half of Term 1)
  • Restitution for wrongs
  • Punitive damages
  • Agreed remedies
  • Termination
  • Action for the agreed sum
  • Specific performance
  • Injunction
  • Rescission
  • Rectification
  • Interest
  • Limitation
  • Election
Recommended materials:

There is no one textbook that covers the whole module. Perhaps the most useful book is still A Burrows, Remedies for Torts and Breach of Contract (3rd ed, OUP, 2004), although it is clearly somewhat out of date.

Reference will also be made to many of the essays contained in G Virgo and S Worthington, Commercial Remedies: Resolving Controversies (CUP, 2017 (forthcoming)).

Module reading lists and other module materials will be provided via online module pages, available at the beginning of term once students have enrolled.

Preliminary reading:

None is required, but students may look at the books suggested under ‘recommended materials’.