The University of Newcastle, Australia
Available in 2020
Course code

LAWS3040

Units

10 units

Level

3000 level

Course handbook

Description

This course is one of two courses (Contracts I and II) that together provide an integrated understanding of the concepts, doctrines and theories underpinning contract law. The focus in this course is on the law relating to the formation of contract, an introduction to the equitable concept of estoppel, the position of third parties and incorporation and interpretation of contract terms. The course will also considers the core functions of contract law and its modern transactional contexts. Overall, the course will provide specialised knowledge of a fundamental area of law and enhance two key legal skills - legal analysis and problem solving.


Availability

Newcastle City Precinct

  • Semester 1 - 2020

Replacing course(s)

This course replaces the following course(s): LAWS3004A. Students who have successfully completed LAWS3004A are not eligible to enrol in LAWS3040.


Learning outcomes

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 orally and in writing in a logical manner and in clear, concise, correct English.


Content

This course examines the general law of contract (both 'common law' and legislation) relating to:

  1. Formation
  2. Estoppel
  3. Parties (including third party beneficiaries)
  4. Content (express terms - incorporation, express terms - interpretation, implied terms)

Requisite

This course is only available to students enrolled in the Bachelor of Laws (Honours) and associated combined degree programs.


Assumed knowledge

Successful completion of LAWS1010, LAWS1011, LAWS1020, LAWS1021, LAWS2030.


Assessment items

Participation: based on class contribution as 'resident expert' for two nominated topics *

In Term Test: Take home exam - legal problem solving exercise

Formal Examination: MCQ and legal problem solving

* This assessment has a compulsory requirement.


Compulsory Requirements

In order to pass this course, each student must complete ALL of the following compulsory requirements:

Course Assessment Requirements:

  • Participation: Attempt / Submission Requirement - Students must attempt/submit this assessment item to pass the course. - Attendance at all classes (seminars and workshops) will be monitored and records maintained by the Course Coordinator; In order to satisfy the “Attendance” requirement, students must be present at a minimum of 80% of scheduled classes as spelled out in the course outline, unless they are able to demonstrate that their absence falls within the Adverse Circumstances policy; Unless this requirement is met, despite marks awarded in other assessment items, the student will receive a zero mark and an FF grade for the course.

Contact hours

Newcastle City Precinct

Online Activity

Online 1 hour(s) per Week for Full Term

Seminar

Face to Face On Campus 2 hour(s) per Week for Full Term