LAWS6004B

Contracts - Part B

10 Units

This course provides advanced and integrated understanding of the principles of contract law, including the law relating to formation, estoppel, parties, content and interpretation, excuses from performance (invalidating factors and termination) and remedies. The course considers the functions of contract law and its limitations, contract theories and the historical background to the law of contract together with the forces which are shaping its current development. Overall the course will provide specialised knowledge of an important area of law and also contribute to the enhancement of legal skills for students in legal analysis and problem solving.

Faculty Faculty of Business and Law
School Newcastle Law School
Availability Semester 2 - 2015 (Callaghan)
Learning Outcomes

On successful completion of this course, students will be able to:

  1. Analyse and critically evaluate modern Australian contract law, including the transactional and policy frameworks within which it operates.
  2. Comprehend, analyse and critically evaluate primary legal materials.
  3. Create persuasive legal and factual arguments relating to contract disputes, and form critical judgments about their likely resolution.
  4. Present the results of your analysis in writing in a logical manner and in clear, concise, correct English.
  5. Basic capacity to compare the Australian approach to contract law with a civil code model, exemplified by the General Provisions of the Contract Law of the People¿s Republic of China.
Content

Topics in this course are:

  1. Formation (Agreement, Intention, Consideration, Certainty)
  2. Estoppel
  3. Parties (Third Parties, Agency)
  4. Content (Express Terms - Incorporation, Express Terms - Interpretation, Implied Terms)
  5. Obligations (Performance and Breach)
  6. Excuses for non-performance (Invalidating factors - misrepresentation and misleading conduct, mistake, unconscionable conduct, illegality; Termination breach, non-fulfillment of contingent conditions, frustration)
  7. Remedies (damages, restitution, account of profit and orders to perform)
Multi-Term Sequence This course is part of a multi-term sequence. Both Part A and Part B must be completed to meet the requirements of the sequence. Part A and Part B must be completed in consecutive terms. Students must complete Part A before completing Part B. Students must complete the sequence within a twelve month period. If students complete Part A but are unable to complete Part B within the timeframe, they must re-enrol in Part A.
Requisites
  • The 'A' component of this Multi-Term Sequence Course must be taken prior to enrolment in the 'B' component.
Assumed Knowledge LAWS6001 Legal System and Method
Assessment Items
  • In Term Test: 2 x Mid Semester Exams
  • Formal Examination: 2 x Final examination
Contact Hours
  • Lecture: for 2 hour(s) per Week for Full Term
  • Tutorial: for 1 hour(s) per Week for Full Term
Timetable 2015 Course Timetables for LAWS6004B
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