This course introduces students to the basic elements and principles of private law. Its primary focus is on the detailed rules and doctrines in the fields of contracts and property law, but it will also examine the function played by private law in a liberal society, and the values that underpin it. In doing so, the course will explore the conceptual differences between public and private law, and the reasons why and how private relationships, whether in the context of the economy or the family, are regulated in different ways from those in the public sphere.
In the first instance, it maps out in general terms the domain of private law (property, contracts, tort, unjust enrichment) and proceeds to focus in detail on the first two, property and contract, with some focus on the torts of trespass, detinue and conversion. To complete the course, there will be an examination of the law of agency, in part to demonstrate how the fundamental principles of contract and property law operate in an important area of commercial law. The course will also include a brief examination of some ideas of justice (specifically ‘corrective’ justice) and how they permeate this area of the law. In particular, this will entail a critical examination of their operation by reference to ideas of fairness in transactions, for example by covering doctrines that seek to protect vulnerable parties, and rules that aim to foster ethical behaviour in the marketplace.
As this is a foundational course in the law curriculum, the course will also explore the various sources of private law (common law, equity and statute), and will focus on the historical and social factors that have shaped the law.
Like tort law, contract law is one aspect of the law of obligations. Contract law is the study of legal obligations voluntarily assumed. By contrast, property law is concerned with the rights of individuals over things. Of course, A’s rights over a particular thing necessitates obligations on the part of others not to interfere, but this focus on things as conceptually prior to the obligations it generates puts property in a different category to contract and tort.
Both contract and property principles govern many important areas of daily life and are the foundation of many other branches of law. It follows that a sound understanding of the principles of contract law and property law is essential for every law student, and will form the foundation, and therefore the assumed knowledge, for a large number of courses in the law program.

The student will be able to:

• The Domain of Private Law
o Private law, values and corrective justice
o Private Law and public law distinguished
o Origins and sources of private law
o The categories of private law

• Contract
o Formation of Contracts
o Offer and Acceptance
o Intention to Create Legal Relations
o Consideration
o Certainty of Terms
o Privity
o Promissory Estoppel

• Property
o Definition of property
o Licences, contractual and otherwise
o New forms of property
o Definition of land
o Doctrine of fixtures
o Personal property
o Creation of property rights: original acquisition, voluntary/involuntary transfers
o The concept of possession of land and goods
o Bailment
o Torts of trespass, detinue and conversion
o Adverse possession/possessory title
o Formalities required in the formation of contracts
o Proprietary estoppel

• Agency
o Fundamental principles
o Distinction from other relationships, eg employment, sub-contract
o Specific types of agency

Prescribed
Case Book: Paterson, Robertson & Duke, Contract: Cases and Materials (Lawbook Co, 12th ed, 2012).
Case Book: Edgeworth, Rossiter, Stone and O’Connor, Sackville and Neave: Australian Property Law (LexisNexis, 9th ed, 2013).

Text Book (recommended reading only): Paterson, Robertson & Duke, Principles of Contract Law (Lawbook Co, 4th ed, 2012).