This course provides advanced and integrated understanding and skills regarding 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).
Not currently offered.
This Course was last offered in Semester 1 - 2018.
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.
On successful completion of the course students will be able to:
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 their 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 (including third party beneficiaries)
- 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, change of circumstances)
- Remedies (money awards and orders to perform)
This course is only available to students enrolled in the Bachelor of Laws and associated combined degree programs or Bachelor of Laws (Honours) and associated combined degree programs.
LAWS1001A, LAWS1001B, LAWS1002A, LAWS1002B, LAWS2003A and LAWS2003B for students enrolled in combined law degree programs
Tutorial / Laboratory Exercises: Revision MCQ's, Case note analysis
In Term Test: Mid Semseter Exam - Problem Solving task
Formal Examination: Problem-Based Formal Examination