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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. Part A and Part B of this course must be completed must in consecutive semesters (i.e. without an intervening semester). Students must complete Part A of the course before commencing Part B.

Faculty Faculty of Business and Law
School Newcastle Law School
Availability Semester 2 - 2014 (Callaghan Campus)
Objectives

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

  1. Demonstrate advanced knowledge and critical understanding of modern Australian contract law, including the transactional and policy frameworks, within which it operates.
  2. Apply knowledge of contract law in exercising autonomy, adaptability and expert judgment in answering legal problems arising in contractual disputes.
  3. Present analysis of legal problems in a logical manner and in clear, concise, correct English.
  4. Demonstrate a well developed capacity to read, analyse, critically evaluate and learn from case law and legislation
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)
Replacing Course(s) na
Transition na
Industrial Experience 0
Assumed Knowledge LAWS6001 Legal System and Method
Modes of Delivery Internal Mode
Teaching Methods Lecture
Tutorial
Assessment Items
  • Examination: Class - In class examination (open book)
  • Examination: Formal - November exam period: 3 hour formal, open book, problem-based examination.
Contact Hours
  • Lecture: for 2 hour(s) per Week for Full Term
  • Tutorial: for 1 hour(s) per Week for Full Term
Compulsory Components
  • Requisite by Enrolment: This course is only available to students enrolled in the Juris Doctor/Graduate Diploma in Legal Practice.
Course Materials None listed
Timetable 2014 Course Timetables for LAWS6004B

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