Contracts - Part A
This course provides advanced and integrated understanding of the principles of contract law, including the law relating to formation, estoppel, parties, content and interpretation, excuses from performance (invalidating factors and termination) and remedies. The course considers the functions of contract law, its modern transactional contexts, limitations, historical background and the forces which are shaping its current development. Overall the course will provide specialised knowledge of a fundamental area of law and enhance legal skills (legal analysis and problem solving).
- Semester 1 - 2015
1. Analyse and critically evaluate modern Australian contract law, including the transactional and policy frameworks within which it operates
2. Comprehend, analyse and critically evaluate primary legal materials, particularly case law
3. Create persuasive legal and factual arguments relating to contract disputes, and form critical judgments about their likely resolution.
4. Present the results of your analysis in writing in a logical manner and in clear, concise, correct English.
This course examines the general law of contract (both 'common law' and legislation) relating to:
- Parties (incl third party beneficiaries and agency)
- Content (express terms - incorporation, express terms - interpretation, implied terms)
- Obligations (performance and breach)
- Excuses for non-performance: invalidating factors - misrepresentation and misleading conduct, mistake, unconsionable conduct, illegality; termination - breach, non-fulfilment of contingent conditions, change of circumstances)
- Remedies (money awards and orders to perform)
This course is part of a multi-term sequence. Both Part A and Part B must be completed to meet the requirements of the sequence. Part A and Part B must be completed in consecutive terms. Students must complete Part A before completing Part B. Students must complete the sequence within a twelve month period. If students complete Part A but are unable to complete Part B within the timeframe, they must re-enrol in Part A.
This course replaces the following course(s): . Students who have successfully completed are not eligible to enrol in LAWS3004A.
LAWS1001A, LAWS1001B, LAWS1002A, LAWS1002B, LAWS2003A and LAWS2003B for students enrolled in combined law degree programs
Participation: Seminar/Discussion Board contributions
Presentation: Group Moot Presentation
Formal Examination: Formal Examination Problem-Based
Face to Face On Campus 2 hour(s) per Week for Full Term
Face to Face On Campus 1 hour(s) per Week for Full Term