Available in 2018
Course code

LAWS6004B

Units

10 units

Level

6000 level

Course handbook

Description

This course provides advanced and integrated understanding of 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 2 - 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 your analysis in writing in a logical manner and in clear, concise, correct English.

5. Basic capacity to compare the Australian approach to contract law with a civil code model, exemplified by the General Provisions of the Contract Law of the People┬┐s Republic of China.


Content

This course (Part B) examines the general law of contract and some legislation relating to:

  1. Obligations (Performance and Breach)
  2. Excuses for non-performance (Invalidating factors - misrepresentation and misleading conduct, mistake, unconscionable conduct, illegality; Termination breach, non-fulfillment of contingent conditions, frustration)
  3. Remedies (damages, restitution, account of profit and orders to perform)

Assumed knowledge

LAWS6000 Legal System and Method


Assessment items

Formal Examination: Formal examination

Participation: Seminar Problem Participation and Submission

Written Assignment: Research Assessment


Contact hours

Newcastle City Precinct

Online Activity

Online 1 hour(s) per Term Full Term

Seminar

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