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Contracts 1 - LAWS1071
Library

 
Faculty: Faculty of Law
 
 
School:  Faculty of Law
 
 
Course Outline: See below
 
 
Campus: Kensington Campus
 
 
Career: Undergraduate
 
 
Units of Credit: 3
 
 
EFTSL: 0.06250 (more info)
 
 
Indicative Contact Hours per Week: 2
 
 
Enrolment Requirements:
 
 
Currently enrolled in a program in the Faculty of Law.
 
 
Excluded: JURD7171
 
 
Fee Band: 3 (more info)
 
 
Further Information: See Class Timetable
 
 

Description

Contracts 1 is a core compulsory course. This reflects the fact that a good grounding in the basic principles of the law of contract is a fundamental element in any legal education. Like tort law, contract law is one aspect of the law of obligations. Contract law is the study of legal obligations voluntarily assumed. Contract principles govern many important areas of daily life and are the foundation of many other branches of law. A sound understanding of the principles of contract law is essential to any law student as so many other subjects are built on that foundation. In legal practice, the principles of contract law underpin many important areas of practice.

Recommended Prior Knowledge

None

Course Objectives

  • To ensure that students gain a sound understanding of a number of basic principles of the law of contract together with some understanding of the associated remedies at common law and (to a lesser extent) in equity
  • To encourage students to understand the method of the common law. Since contract comes fairly early in the law course and involves examination of many judicial decisions, the course should help students to observe and learn the common law technique: determining to what extent precedent binds; differentiating ratio from obiter; adopting appropriate analogies; distinguishing between apparently similar factual situations; identifying the disguised leeways of choice in judicial decision; and developing new law (when required) incrementally
  • To stimulate students to examine the law of contract in a social context. This may involve comparing the economic and social conditions in which the principles were developed with present conditions; noting the interests protected in both theory and practice; observing any changes in the social function performed by the law of contract over time. Students should develop wider perspectives on existing legal doctrines

Main Topics

  • Offer and acceptance
  • Consideration
  • Intention to create legal relations
  • Certainty
  • Privity
  • Promissory Estoppel

Assessment

Class participation (20%)
Mid-semester exam (0 - 30%))
Final exam (50 - 80%)

Course Texts

Prescribed

  • Case Book: Paterson, Robertson & Heffey, Contract: Cases  and Materials (11th ed, 2009), Lawbook Co
  • Text Book: Paterson, Robertson & Heffey, Principles of Contract Law (3rd ed, 2009), Lawbook Co

Recommended
Students are not required to purchase or to consult these books, but may find them useful for clarification or further information on particular topics:

  • Seddon & Ellinghaus, Cheshire and Fifoot’s Law of Contract, (9th Aust ed, 2008)
  • Clarke, Clarke and Zhou, Contract Law, Commentaries, Cases and Perspectives (2008)
  • Carter, Peden, and Tolhurst, Contract Law in Australia (5th ed, 2008)
  • Carter, Carter’s Guide to Australian Contract Law (2008)
  • Gooley & Radan, Principles of Australian Contract Law (2008)
  • Davis (ed), Contract: General Principles - The Laws of Australia (2008)
  • Willmott, Christensen & Butler, Contract Law, (3rd ed, 2008)

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© The University of New South Wales (CRICOS Provider No.: 00098G), 2004-2011. The information contained in this Handbook is indicative only. While every effort is made to keep this information up-to-date, the University reserves the right to discontinue or vary arrangements, programs and courses at any time without notice and at its discretion. While the University will try to avoid or minimise any inconvenience, changes may also be made to programs, courses and staff after enrolment. The University may also set limits on the number of students in a course.