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 The Frontiers of Contract - LAWS4022
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Faculty: Law
 
 
School:  Law
 
 
Campus: Kensington Campus
 
 
Career: Postgraduate
 
 
Units of Credit: 8
 
 
Contact Hours per Week: 2
 
 
Offered: To be advised
 
 
Fee Band: 3
 
  

Description

This course attempts an overview of the place of contract law in the Australian legal system. It does this primarily by examining the essence of contractual obligation and comparing contractual rights and obligations with those recognised by other branches of private law; some aspects of contracts with public bodies may also be considered. After examining the usual division of the law of obligations into the laws of contract tort and restitution, the course considers the extent to which the traditional province of contract law has been reshaped by a resurgence of equity, and has been encroached upon by recent developments in the law of tort, the law of restitution, and statutes controlling misleading conduct in trade or commence. Also explored are the potential consequences for contract law of judicial reconsideration of some doctrines which have often been thought to define its boundaries (eg the doctrine of privity; and the rule that the supply of consideration is a precondition for enforcement of a promise not set out in a deed). Finally, some important overlaps and differences between the law of contract and the law of property, and some borderlands between the two, are considered. The course takes particular note of major scholarly writings concerning the essence of contractual obligation and the possible futures of contract law.

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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.