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Course

Contracts - LAWS1075

Faculty: Faculty of Law

School: Faculty of Law

Course Outline: See below

Campus: Sydney

Career: Undergraduate

Units of Credit: 6

EFTSL: 0.12500 (more info)

Indicative Contact Hours per Week: 4

Enrolment Requirements:

Pre-requisite: Principles of Private Law (any one of LAWS1071, LAWS1150, JURD7150, or JURD7171)

Equivalent: JURD7175

Excluded: JURD7172, JURD7175, LAWS1072

CSS Contribution Charge: 3 (more info)

Tuition Fee: See Tuition Fee Schedule

Further Information: See Class Timetable

View course information for previous years.

Description

Contract Law is a core compulsory course, continuing the work completed in Principles of Private Law. Like tort law, contract law is one aspect of the law of obligations. Contract law is the study of legal obligations voluntarily assumed. The course focuses on understanding the nature, significance and operation of legal agreements in disparate contexts, varying from corporate to commercial practice, and from family and consumer to employment law. Particular attention is placed on the decisions of appellate courts, and on key legislation such as relate to consumer law, unfair contracts and unconscionable dealings. The course also aims to provide future lawyers with the knowledge needed to negotiate, draft and interpret contractual documents.

Course Outcomes

The student will be able to:
  • Demonstrate awareness of principles of performance and breach in contract law;
  • Apply key principles of contract law to hypothetical fact scenarios;
  • Evaluate and advise upon appropriate remedies in statute, common law and equity;
  • Evaluate the law of contract in different social contexts;
  • Demonstrate effective oral communication skills by discussing and debating course concepts in a scholarly, reflective and respectful manner; and
  • Demonstrate effective written communication skills by articulating legal concepts clearly, persuasive and appropriately in providing informed advice.


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
  • Frustration
  • Performance, breach and termination of contracts
  • Damages and rescission

Assessment

Class participation - 20%
Mid-session assignment - 30%
Final exam (open book) - 50%

Texts

Prescribed
  • Case Book: Paterson, Robertson & Duke, Contract: Cases and Materials (12th ed, 2012), Lawbook Co
  • Text Book: Paterson, Robertson & Duke, Principles of Contract Law (4th ed, 2012), Lawbook Co
Recommended
Generally, students in Contracts are not required 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 Clarke, Clarke and Zhou, Contract Law, Commentaries, Cases and Perspectives
  • Carter, Peden, and Tolhurst, Contract Law in Australia
  • Carter, Carter’s Guide to Australian Contract Law
  • Radan & Gooley, Principles of Australian Contract Law
  • Davis (ed), Contract: General Principles - The Laws of Australia
  • Willmott, Christensen & Butler, Contract Law
  • Chen, Contract Law
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Study Levels

Undergraduate Study Postgraudate Study Postgraduate Research Study Non-Award Study

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