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Campus: Kensington Campus
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Career: Undergraduate
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Units of Credit: 6
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Indicative Contact Hours per Week: 4
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Enrolment Requirements:
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Prerequisite: LAWS1071 or JURD7171
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Excluded: JURD7172
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Description
Contracts 2 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. Contracts 2 is essentially a continuation of Contracts 1.
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. This 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
- Terms (including implied terms)
- Interpretation (including the parol evidence rule and exclusion clauses)
- Misrepresentation and misleading or deceptive conduct (including the Competition and Consumer Act 2010 and Fair Trading Acts)
- Mistake, unconscionable dealing and other vitiating factors
- Performance, breach and termination of contracts
- Damages and rescission
Assessment
| Class participation |
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10% |
| Mid-session assignment |
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40% |
| Final exam (open book) |
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50% |
Course Texts
- 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, 2005), Lawbook Co
Recommended
Generally students in Contracts 2 should not need to go beyond the prescribed reading. The following books are available in the library. 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 Australian edition (2008)
- Clarke, Clarke and Zhou, Contract Law, Commentaries, Cases and Perspectives (2007)
- Carter, Peden, and Tolhurst, Contract Law in Australia (5th ed, 2007)
- Carter, Carter’s Guide to Australian Contract Law (2010)
- Radan & Gooley, Principles of Australian Contract Law (2nd ed, 2009)
- Davis (ed), Contract: General Principles - The Laws of Australia (2006)
- Willmott, Christensen & Butler, Contract Law (3rd ed, 2008)
- Chen, Contract Law (3rd ed, 2010)
Resources
None.
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