The University of Newcastle, Australia
Available in 2019
Course code

LAWS3041

Units

10 units

Level

3000 level

Course handbook

Description

Contracts II examines the principles of contract law, including the law relating to obligations, 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.


Availability2019 Course Timetables

Newcastle City Precinct

  • Semester 2 - 2019

Replacing course(s)

This course replaces the following course(s): LAWS3004B. Students who have successfully completed LAWS3004B are not eligible to enrol in LAWS3041.


Learning outcomes

On successful completion of the course students will be able to:

1. Explain, interpret and apply modern Australian contract law, including 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.


Content

This course examines the general law of contract and some legislation relating to:

  1. Obligations
  2. Excuses for non-performance: invalidating factors - misrepresentation and misleading conduct, mistake, unconscionable conduct, illegality; termination - breach, non-fulfilment of contingent conditions, frustration)
  3. Remedies (money awards and orders to perform)

Assumed knowledge

LAWS1010, LAWS1011, LAWS1020, LAWS1021, LAWS2030 and LAWS2031 for students enrolled in combined law degree programs


Assessment items

Written Assignment: Critical thinking and questioning exercise part i & ii *

Written Assignment: Research Assessment

* This assessment has a compulsory requirement.


Compulsory Requirements

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

General Course Requirements:

  • Seminar: Attendance Requirement - Students must attend a minimum number of these sessions. - 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. - Written Assignment: Pass Requirement - Students must pass this assessment item to pass the course. - Research Assessment (Parts A and B): 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.

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