REMEDIES IN THE LAW OF OBLIGATIONS

Semesters 1 and  2 - 20 credits

Pre-requisites
Contract LAW1030 or Contract LAW1031 AND Tort LAW1100 or Tort LAW1011

Introduction
Much of the law of contract and the law of tort which you have already studied answers the question ‘In what circumstances can A sue B’. This course addresses the next logical question ‘If A can sue B what remedy is he/she entitled to’.  The legal profession frequently comment that  ‘compulsory’ law courses in contract and tort do not examine the ‘How much?’ question in the same depth as the ‘Can I sue?’ question. A recent joint consultative document issued by the Bar Council and the Law Society complained that there was ‘insufficient emphasis on remedies in the undergraduate study of contract’ which could best be remedied (excuse the pun) by a dedicated third year course. The subject of remedies for breach of contract and tort is not however a purely ‘practical’ subject. ‘Remedies’ represents an important intersection between practical and theoretical interest in the law of obligations. During the course we will contrast the approach of the common law with that of other legal jurisdictions and consider a number of theoretical debates which are relevant to the subject. A flavour of the types of issues we will examine in the course can be seen from the following recent scenarios.

Recently an American jury delivered a verdict which sent a chill down the spine of every gold-digger who has walked down the aisle dreaming of Bentleys and bank balances rather than their spouse’s bed. Distressed by his wife’s admission after many years of marriage that she had ‘never loved him’,  a husband did what any self-respecting litigious Californian would do; he sued her. The jury awarded him $240,000 damages for fraudulent misrepresentation. Could such an award be made in this country?

A few years ago Hoover offered free flights to America for customers who purchased products of a certain value.  Hoover massively underestimated the public response to the offer and lost many millions of pounds purchasing flights to meet its commitments. Hoover was particularly concerned with the possibility that it would be liable to pay damages for disappointment to applicants to whom it could not supply flights. Was this worry well-founded?

The course convenor is Roger Halson. He is the co-author of the recommended textbook Remedies in Contract and Tort (2003) as well as the Remedies chapter of one of the two leading practitioner books on the law of contract.
 

Objectives and learning outcomes:

On completion of this module, students should be able to:

• advise on the appropriate legal remedies available to persons who in a given situation have a cause of action in contract or tort;
• advise on the relevant 'self-help' remedies available to persons who in a given situation have a cause of action in contract or tort;
• advise how parties may plan a transaction in order to protect their position if, in the future, it fails to fulfill their expectations;
• evaluate the remedies described above in the light of the parties' practical needs;
• understand the importance of remedial issues to broader philosophical and economic debates about the basis of the law of obligations;
• generally develop an ability to think and argue critically about the law of remedies.

Introduction:

• The structure of the law of obligations.
• The protected interests.
• Methods of judicial protection.
• Self-protection.

• Self-help: threats to reputation, withholding performance, termination and forfeiture of advance payments and deposits.
• Supra compensatory damages.
• Expectation based damages for pecuniary and non-pecuniary losses.
• Reliance based damages for pecuniary and non-pecuniary losses.
• Limiting factors: causation, contributory negligence, remoteness and mitigation.
• Liquidated damages and penalties.

• Personal injury damages: the formal law.
• Damages for death.
• The damages system in practice.
• Inteference with the enjoyment of land: private nuisance, including economic perspectives.
• Protecting financial interests: misrepresentation and economic torts.

 22 x 1 hour lectures and  8 x 1 hour seminars.

Assessment

One three hour examination.

Recommended texts

The main text for student purchase will be Harris, Campbell and Halson, Remedies in Contract and Tort (2nd edition).

Course Co-ordinator: Professor Roger Halson.

Inquiries can be made by e-mail to D.R.Halson@leeds.ac.uk

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