Glossary

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The Conceptual Framework of the Common Law - LAWS3142

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: 3

Enrolment Requirements:

Pre-requisite: Criminal Laws (LAWS1022/JURD7122), Equity & Trusts (LAWS2385/JURD7285), Land Law (LAWS2383/JURD7283) OR Criminal Law 2 (LAWS1011/JURD7111), Property, Equity & Trusts 1 (LAWS2381/JURD7281), Property, Equity & Trusts 2 (LAWS2382/JURD7282).

Excluded: JURD7442

CSS Contribution Charge: 3 (more info)

Tuition Fee: See Tuition Fee Schedule

Further Information: See Class Timetable

View course information for previous years.

Description

This course examines the taxonomy of the common law's system of civil rights and obligations. We will examine the categories and concepts used to explain and distinguish the different parts of the law with a view to understanding the practical implications of the major distinctions within the Australian legal system. We will look at the conceptual distinctions between statute and general law, between common law and equity, between property and obligations, between rights and remedies, between and within contract, tort and restitution. The course will focus on the boundaries between the various fields in the law, their history, rationales and practical implications. Primary materials (cases and statutes) will be analysed in light of the various attempts by textbook writers and theorists to categorise them and the determined opposition in some quarters to rational taxonomy.

Recommended Prior Knowledge

The course presupposes general understanding of the major components of the Australian legal system, coupled with a willingness to explore the broader landscape and the practical implications of its various divisions.

Lecturer

The Hon. Keith Mason AC QC, former President of the Court of Appeal of NSW and leading scholar and authority on restitution, equity and common law in Australia.

Course Objectives

Students will be encouraged to identify past and future trends and to see why theories of the structure of law have practical implications, particularly in a litigation context.

Main Topics

It is proposed that the course will address the following topics:

The significance and limitations of legal taxonomy
Legal personality
The importance of procedure, pleadings and standing to sue
The role of precedent
Legal fictions and other illusory categories of reference
Law and equity
Property and obligations
Rights and remedies
Contract, its function and boundaries
Wrongs
From quasi-contract to restitution
Taxonomical theory

Assessment

Assessment for this course comprises of three components:

(a) Compulsory class participation 10%

(b) Mid-session assignment 40%

(c) Final examination (take home) 50%

Course Texts

Prescribed

Reading for each class will be identified in a Course Outline of Readings that will be provided progressively in advance.

Recommended

It is highly recommended that students acquire Andrew Robertson ed, The Law of Obligations: Connections and Boundaries, UCL Press, 2004.