Available in 2018
Course code

LAWS6004A

Units

10 units

Level

6000 level

Course handbook

Description

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 and its limitations, contract theories and the historical background to the law of contract together with the forces which are shaping its current development. Overall the course will provide specialised knowledge of an important area of law and also contribute to the enhancement of legal skills for students in legal analysis and problem solving.


Availability2018 Course Timetables

Newcastle City Precinct

  • Semester 1 - 2018

WebLearn GradSchool

  • Semester 1 - 2018

Multi-term sequence

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.


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 in writing in a logical manner and in clear, concise, correct English;


Content

Topics in this course are:

  1. Formation
  2. Estoppel
  3. Parties (including third party beneficiaries)
  4. Content (express terms - incorporation, express terms - interpretation, implied terms)
  5. Obligations (performance and breach)
  6. Excuses for non-performance: invalidating factors - misrepresentation and misleading conduct, mistake, unconscionable conduct, illegality; termination - breach, non-fulfilment of contingent conditions, change of circumstances)
  7. Remedies (money awards and orders to perform)

Requisite

This course is only available to students enrolled in the Juris Doctor/ Graduate Diploma in Legal Practice program.


Assumed knowledge

LAWS6001 Legal System and Method


Assessment items

Formal Examination: Problem-Based Formal Examination

Tutorial / Laboratory Exercises: Revision Multiple Choice Questions, Case note analysis

In Term Test: Mid Semester Exam


Contact hours

Newcastle City Precinct

Online Activity

Face to Face On Campus 1 hour(s) per Week for Full Term

Students will be required to complete four hours of guided learning via online preparation, lectures, interactive workshops, tutorials, discussion groups or self-directed learning and an additional 6 hours of independent study per week.

Seminar

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

WebLearn GradSchool

Self-Directed Learning

Distance 2 hour(s) per Week for Full Term

This course is only for LLM Students as per approval