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Monash University

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Comparative remedies

  • LAW4644E
  • Not offered in 2013
  • 6 points, SCA Band 3, 0.125 EFTSL
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This unit will take a comparative approach to a number of discrete remedial issues. Some of the areas to be covered in the course may include the following: the use of probabilistic causation principles: Courts in both the United Kingdom and Canada have explored the issue of changing the classic 'but for' causation principle toward a principle that awards compensation based upon a demonstrated 'material contribution' to the injury; vindication as an aim for damages: Some common law courts have recently adopted a new category of 'vindicatory damages', in particular where the defendant violated the plaintiff's human rights; the assessment of non-pecuniary damages in both contract and tort... -- Course Website



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