LAW3253 : Private Law Remedies
- Offered for Year: 2024/25
- Available for Study Abroad and Exchange students, subject to proof of pre-requisite knowledge.
- Module Leader(s): Dr Christine Beuermann
- Lecturer: Dr Elliot Winter
- Owning School: Newcastle Law School
- Teaching Location: Newcastle City Campus
Semesters
Your programme is made up of credits, the total differs on programme to programme.
| Semester 1 Credit Value: | 20 |
| ECTS Credits: | 10.0 |
| European Credit Transfer System | |
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
• Introduction to the structure of remedial law
• Compensation
• Restitution
• Compelling performance or preventing a wrong – specific performance and injunctions
• Compelling performance or preventing a wrong – the award of an agreed sum
• Proprietary remedies
• Remedies as vindication
• Choosing the appropriate remedy
Practical legal skills will be covered in fortnightly workshops.
Teaching Methods
Teaching Activities
| Category | Activity | Number | Length | Student Hours | Comment |
|---|---|---|---|---|---|
| Guided Independent Study | Assessment preparation and completion | 3 | 12:00 | 36:00 | N/A |
| Scheduled Learning And Teaching Activities | Lecture | 12 | 2:00 | 24:00 | N/A |
| Scheduled Learning And Teaching Activities | Workshops | 4 | 1:00 | 4:00 | In these workshops, students will be taught the requisite practical skills covered in the module. |
| Scheduled Learning And Teaching Activities | Workshops | 4 | 2:00 | 8:00 | In these workshops, students will practise the requisite skills taught in the workshop the previous week. |
| Scheduled Learning And Teaching Activities | Drop-in/surgery | 12 | 1:00 | 12:00 | N/A |
| Guided Independent Study | Independent study | 1 | 116:00 | 116:00 | N/A |
| Total | 200:00 |
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 assessmnt | 1 | M | 50 | Students will write a letter of advice to a client based on a hypothetical fact situation - 2000 words |
| Prof skill assessmnt | 1 | M | 50 | Students decide whether to advance client’s claim by negotiation\litigation (moot) and conduct that negotiation\litigation. This is an oral assessment and students will be required to present in front of the examiners and other students. 15 mins |
Formative Assessments
Formative Assessment is an assessment which develops your skills in being assessed, allows for you to receive feedback, and prepares you for being assessed. However, it does not count to your final mark.
| Description | Semester | When Set | Comment |
|---|---|---|---|
| Prof skill assessmnt | 1 | M | Students will conduct a client interview after 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
- Timetable Website: www.ncl.ac.uk/timetable/
- LAW3253's Timetable