Contracts II examines the principles of contract law, including the law relating to obligations, content, 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.
The course will also focus on the development of skills in the areas of questioning, critical thinking and risk management. These skills will complement and reinforce your understanding of the course content areas and will build your graduate skills portfolio.
Availability2021 Course Timetables
Newcastle City Precinct
- Semester 2 - 2021
On successful completion of the course students will be able to:
1. Explain, interpret and apply modern Australian contract law, including the policy framework within which it operates.
2. Determine and gather the information needed to support the understanding of a specific problem, clearly presenting and justifying their own views while responding critically and thoughtfully to the ideas of others.
3. Create persuasive legal and factual arguments relating to contract disputes, and form critical judgments about their likely resolution.
4. Demonstrate the ability to manage risk by assessing and formulating possible courses of action and the range of likely outcomes in a context of commercial and business realities.
5. Conduct high-level legal research and analysis of primary legal materials, presenting the results in a logical manner and in clear and concise English.
6. Use questioning strategies to gather the information needed to support understanding and develop research arguments.
This course examines the general law of contract and some legislation relating to:
- Obligations (performance and breach, assignment)
- Content (express terms - incorporation, express terms - interpretation, implied terms); excuses for non-performance: invalidating factors - illegality; termination - breach, non-fulfilment of contingent conditions)
- Remedies (money awards and orders to perform)
To enrol in this course you must have successfully completed LAWS3040 and be active in the Bachelor of Laws (Honours) and associated combined degree programs.
LAWS1010, LAWS1011, LAWS1020, LAWS1021, LAWS2030 and LAWS2031 for students enrolled in combined law degree programs
Written Assignment: Research Scaffolding Assessment
Written Assignment: Research Assessment *
Written Assignment: Problem Question Assignment – Managing Risk
* This assessment has a compulsory requirement.
In order to pass this course, each student must complete ALL of the following compulsory requirements:
General Course Requirements:
- Seminar: There is a compulsory attendance requirement in this 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.
Course Assessment Requirements:
- Written Assignment: Pass Requirement - Students must pass this assessment item to pass the course. - Research Assessment: 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.
Newcastle City Precinct
Online 1 hour(s) per Week for Full Term
Face to Face On Campus 2 hour(s) per Week for Full Term
The University of Newcastle acknowledges the traditional custodians of the lands within our footprint areas: Awabakal, Darkinjung, Biripai, Worimi, Wonnarua, and Eora Nations. We also pay respect to the wisdom of our Elders past and present.