Contracts - Part B
Examines 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 and its limitations, contract theories and the historical background to the law of contract together with the forces which are shaping its development.
- Semester 2 - 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.
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.
5. Conduct high-level legal research, exploring primary and secondary materials, and provide critical analysis of problems and questions.
This course examines the general law of contract and some legislation relating to:
- Formation (Agreement, Intention, Consideration, Certainty)
- Parties (Third parties, 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, unconscionable conduct, illegality; Termination breach, non-fulfilment of contingent conditions, frustration)
- Remedies (damages, restitution, account of profit 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 LAWS3004B.
LAWS1001A, LAWS1001B, LAWS1002A, LAWS1002B, LAWS2003A and LAWS2003B for students enrolled in combined law degree programs
In Term Test: 2 x In Class Examinations (open book)
Formal Examination: 2 x Formal Examinations (open book)
Essay: Research Essay *
In Term Test: Take Home Examination Problem-Based
* This assessment has a compulsory requirement.
In order to pass this course, each student must complete ALL of the following compulsory requirements:
Course Assessment Requirements:
- Essay: Pass Requirement - Students must pass this assessment item to pass the course. - Irrespective of a student¿s mark in the course, if a student has achieved overall marks greater than 50% in the course but has failed to satisfactorily complete the compulsory course component then a zero mark and fail grade (FF) will be recorded on their transcript.
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