The University of Newcastle, Australia
Available in 2019
Course code



10 units


3000 level

Course handbook


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. 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.

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.

5. Conduct high-level legal research, exploring primary and secondary materials, and provide critical analysis of problems and questions.


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)


LAWS3041 Requisite

Assumed knowledge

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

Assessment items

Written Assignment: Research Assessment (Part a and Part B) *

Formal Examination: Problem-Based Formal Examination

* 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


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