Dr Solene Rowan NAB 7.26

This course is available on the Executive LLM. This course is not available as an outside option.

The objective of the course would be to provide students with a detailed understanding of remedies in a commercial context. It would consider remedies for breach of contract and torts. The focus of the reading would be on case law and doctrinal writing. Here is a very rough breakdown of the topics that I intend to look at: Session 1 would be an introductory session. It would put the next 11 sessions of the course into context. The particular focus of attention would be on breach of contract and the commission of torts. Session 2 would consider compensatory damages for breach of contract. Compensatory damages is the most common remedy in contract. It therefore makes sense to look at this remedy first. Session 3 would be on compensatory damages for torts. Again, compensatory damages is the most common remedy in tort law and it should be studied early on in the syllabus. Session 4 and session 5 would look at remedies that compel performance. Session 3 would be devoted to actions for an agreed sum (debt actions) and specific performance, a remedy that aims at keeping the contract ‘alive’. Session 4 would look at remedies that aim to prevent or compel the undoing of a wrong, namely injunctions. Injunctions are relevant to the law of contract and tort law. Session 6 would consider termination for breach of contract. This is a remedy which is very significant in practice as it puts an end to the primary obligations between contracting parties. Session 7 would look at restitution for wrongs. The focus would be on restitutionary damages in contract and tort. Session 8 would be devoted to punitive damages (in contract and tort law). This is a topical issue as there has been much debate recently on whether punitive damages, which are available in tort law, should be introduced in contract law. Session 9 would consider agreed remedies. Particular focus would be given to penalty clauses, specific performance/injunction clauses, restitution clauses and ‘cost of cure’ clauses. Session 10 would be comparative in character. They would look at the approach followed in common law jurisdictions (in particular the United States and Australia) and in civilian jurisdictions (in particular Germany and France).

24-26 hours

All students are expected to produce one 2,000 word formative essay during the course. Formative assessment opportunities will be provided (essay or problem questions)

Rowan, Remedies for Breach of Contract: A Comparative Analysis of the Protection of Performance (OUP 2012)
Burrows, Remedies for Torts and Breach of Contract (3rd edn OUP 2004)
Campbell, Halson, Harris, Remedies in tort and Contract (2nd edn CUP 2002)
Andrews, Clarke, Tettenborn and Virgo, Contractual Duties: Performance, Breach, Termination and Remedies (Sweet & Maxwell 2012)
Treitel, The Law of Contract (13th ed 2011) (edition by Peel)
Chitty on Contracts (31st edn Sweet & Maxwell 2012)

Either a take-home examination or 8,000 word assessed essay (100%).