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Law of Remedies COUNCIL OF LEGAL EDUCATION HUGH WOODING LAW SCHOOL ST. AUGUSTINE LAW OF REMEDIES AN INTRODUCTION TO CLIENT REMEDIES IN LEGAL PRACTICE AND THE PRINCIPLES GOVERNING THE ASSESSMENT OF DAMAGES YEAR ONE 2013/2014 Course Director: Michael Theodore Research Assistant: Leon Kalicharan VISION STATEMEMNT To be a world leader in higher education through innovation, creativity and relevance in a system of practical legal education that is rooted in our history as a Caribbean people and is designed to enhance the practice of law and the jurisprudence of the Caribbean; to empower our people; and develop our societies throughout the 21st century. MISSION STATEMENT To facilitate the development of competent legal practitioners for the Region who, appreciating their responsibility as members of an honourable profession and recognising the needs of their socio-economic environment, are inspired in the pursuit of excellence, the maintenance of high ethical standards, the promotion of social justice and the strengthening of the rule of law. QUALITY OBJECTIVES To achieve excellence in developing a teacher-student relationship which satisfies both parties and encourages a platform for on-going research and discussion of social and legal issues; To be a resource for providing support to regional governments and all arms of civil society in promoting social, legal, economic and political reform; To deepen understanding of other legal systems and foster a capacity to create international linkages in the legal education and research sphere to better enhance our legal systems and jurisprudential development; To be at the forefront of the development of legal education, the provision of impetus for continuing legal education and the extension of systems of legal aid and public education; To incorporate in all teaching programmes and activities at all times an awareness that the rule of law, equity and justice constitute a precondition for social and economic development in the Region. OTHER IMPORTANT FOUNDATION BLOCKS FOR LEGAL TRAINING See “Core Values” and concepts taken from Chapter 2 – Governing Principles - of the Quality Management Policy of the Council of Legal Education 2008. WELCOME TO LAW OF REMEDIES Dear Colleagues, I wish to welcome you to the Hugh Wooding Law School and the course Law of Remedies. I am very excited this year because for the first time we are introducing a blended learning methodology to the teaching of this course at the Law School. This combines the traditional face to face interaction (which is now being done for the first time by the seminar method) with a variety of technology applications including videotapes of lectures, social media and self- assessment exercises. This will allow the seminars to focus on active learning through exercises which will be made as close to a real world environment that we can create. I have constructed what I believe will be an exciting and enjoyable programme for all of us and count on your active participation to ensure its success. I have also established an organisational framework where you will have an active and critical role in the programme which is designed to anticipate and deal with any issues which may arise from time to time. I urge you to read this manual carefully – particularly the introduction as it sets the tone, objectives, philosophy and methodology which will guide the management of this programme. You may have noticed that I deliberately addressed you as colleagues at the beginning of the welcome message. I do so because at this stage of your legal training I consider you to be “attorneys in waiting” and, therefore, I will accord to you the same assistance, guidance, respect and courtesy that I would give to any other member of the legal profession. I expect that these attributes will be reciprocated in the best traditions of the legal profession. I look forward to serving you during the course of this year and to developing a relationship with each of you which will lead to our mutual development and which will forge a long- lasting professional relationship. Please enjoy your study period at the Law School and do not hesitate to let me know how I can assist in this regard! Michael Theodore Course Director/Tutor Council of Legal Education Tel: 1-868-662-5860/5835/1994 Fax: 1-868-662-0927 Mobile: 497-6602, 361-1722 E-mail: [email protected] i TABLE OF CONTENTS COURSE OBJECTIVES AND STUDENT OUTCOMES ........................................................ iii PREREQUISITES FOR COURSE ............................................................................................ iv COURSE CONTENT .................................................................................................................. v RECOMMENDED TEXTS ...................................................................................................... vii COURSE MANAGEMENT STRUCTURE .............................. Error! Bookmark not defined. TEACHING STRATEGIES ...................................................................................................... xii ASSESSMENT METHODOLOGY........................................................................................ xvii EXAMINATION GUIDELINES ............................................................................................. xix EXAMINATION MARKING CRITERIA ............................................................................ xxiii KNOW YOUR COURSE DIRECTOR ................................................................................... xxv TEACHING TEAM .............................................................................................................. xxvii PART ONE: REMEDIES IN THE ARSENAL OF THE MODERN LAWYER ........................ 1 PART 2A: GENERAL PRINCIPLES GOVERNING THE ASSESSMENT OF DAMAGES 14 PART 2B: GENERAL PRINCIPLES LIMITING COMPENSATION ................................... 27 PART 2C: FACTORS INCREASING THE ASSESSMENT OF DAMAGES ....................... 38 PART 2D: DAMAGES NOT BASED STRICTLY ON COMPENSATION .......................... 43 PART THREE – ASSESSMENT OF DAMAGES IN SPECIFIC AREAS................................. 56 PART 3A: DAMAGES FOR PERSONAL INJURIES ........................................................... 56 PART 3B: DAMAGES ARISING FROM WRONGFUL DEATH ......................................... 79 PART 3C1: DESTRUCTION AND DAMAGE TO CHATTELS ........................................... 90 PART 3C2: MISAPPROPRIATION OF CHATTELS ............................................................. 98 PART 3C3 DAMAGE TO AND WRONGFUL OCCUPATION OF LAND ....................... 103 PART 3C4 BREACH OF CONTRACT: SALE OF LAND .................................................. 109 PART 3C5 BREACH OF THE CONTRACT: EMPLOYMENT ......................................... 115 PART FOUR: GIVING GOOD ADVICE – CHOOSING THE RIGHT REMEDY ................ 127 ii INTRODUCTION COURSE OBJECTIVES AND STUDENT OUTCOMES Course Objectives: This course aims to develop in you the: 1. characteristics, discipline and skills of an effective attorney at law; 2. ability to advise on appropriate litigious and non-litigious remedies available to your client to solve his problem; 3. ability to assess and quantify the measure of damages arising out of breaches of contract and tort; 4. ability to prepare and present arguments and opinions on the assessment of damages in litigious proceedings. Student Outcomes: At the end of the course, students should be able to: 1. solve their clients’ problems using the widest array of tools available including litigation; 2. apply relevant issues of fact, law to provide an opinion on the appropriate remedies available to a client and to quantify any damages which may be appropriate; 3. draft an advice on quantification of damages; 4. present a claim on damages before any court or tribunal; and 5. negotiate a fair settlement for your client’s losses prior to or during the course of litigation. iii PREREQUISITES FOR COURSE To effectively participate in this course, students should have acquired knowledge basic principles of law and the specific areas outlined below. Students are therefore, advised to review their knowledge in these areas immediately on commencing the academic year. Basic Principles: To be accepted to the Law School you would have acquired an LL.B. In my view this means that you will: a. have a basic knowledge of what I call conversational law i.e. basic areas of law which are encountered on a daily basis by most people in the society and areas you can expect the average lay person to approach you on as an attorney; and b. know where to find the law, analyse and apply it in those areas which are not conversational. Special Areas: 1. General Principles of Law: Principles impacting the compensation principle including causation, remoteness, certainty, mitigation and contributory negligence. 2. Law of tor with special emphasis on trespass to the person (assault and battery, false imprisonment), malicious prosecution, negligence and nuisance. 3. Law of contract with special emphasis on breach of contract(employment and agreement for sale of land) and remedies. 4. Public Law: basic principles of constitutional, administrative law and public interest law, especially public law remedies of the declaration, injunction, the prerogative writs, remedies and procedures under the Judicial Review Act. 5. Equitable Remedies: injunctions, specific performance, restitution and damages. 6. Common law remedies: declaration, damages, self-help. Information and Communications
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