Available in 2012
|Callaghan Campus||Semester 2|
Previously offered in 2013, 2011, 2010, 2009, 2008, 2007, 2006, 2005, 2004
LLB courses are only available to students enrolled in Bachelor of Laws (LLB) degree programs.
This course is a mandatory program component for all students enrolled in a Bachelor of Laws program.
This course is Part B of a multi-term sequence. Part A must also be completed to meet the requirements of this sequence. The separate elements of the sequence must be completed in consecutive terms ie without an intervening term.
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.
At the end of this course students should be able to demonstrate the following:
(i) Developed knowledge and critical understanding of modern Australian contract law, including the transactional and policy frameworks within which it operates
(ii) A developed capacity to read, analyse and learn from cases
(iii) A developed capacity to answer legal problems arising in contractual disputes (including the capacity to present the analysis of legal problems in a logical manner and in clear, concise, correct English).
This course examines the general law of contract and some legislation relating to
(i) Formation (Agreement, Intention, Consideration, Certainty)
(iii) Parties (Third parties, Agency)
(iv) Content (Express Terms - Incorporation, Express Terms Interpretation, Implied Terms)
(v) Obligations (Performance and Breach)
(vi) Excuses for non Performance ( Invalidating Factors misrepresentation and misleading conduct, mistake, unconscionable conduct, illegality; Termination breach, non-fulfilment of contingent conditions, frustration)
(vii) Remedies (damages, restitution, account of profit and orders to perform)
LAWS1001A, LAWS1001B, LAWS1002A, LAWS1002B, LAWS2003A and LAWS2003B for students enrolled in combined law degree programs
Modes of Delivery
Seminar: for 3 hour(s) per Week for Full Term