Year
2017
Units
4.5
Contact
1 x 110-minute lecture weekly
1 x 50-minute tutorial weekly
Prerequisites
^ = may be enrolled concurrently
1 Admission into BLAWLP-Bachelor of Laws and Legal Practice
1a Admission into BLAWLPG-Bachelor of Laws and Legal Practice (Graduate Entry)
1b Admission into BLAWLPR-Bachelor of Laws and Legal Practice
1c Admission into BLAWLPRG-Bachelor of Laws and Legal Practice (Graduate Entry)
1d Admission into BLAWLPRH-Bachelor of Laws and Legal Practice (Honours)
1e Admission into BLAWLPRGH-Bachelor of Laws and Legal Practice (Graduate Entry) (Honours)
2 ^ LLAW1211 - Legal Research and Writing [Research I, Writing I]
2a LLAW1101 - Legal Method (Legal Research)
3 ^ LLAW1212 - Criminal Law and Legal Method [Statutory Interpretation I]
3a LLAW1104 - Principles of Criminal Law and Procedure
Must Satisfy: ((1 or 1a or 1b or 1c or 1d or 1e) and (2 or 2a) and (3 or 3a))
Enrolment not permitted
1 of LLAW1105, LLAW2312 has been successfully completed
Assessment
Examination 50%; Assignments; Tutorial participation.
Topic description
The following areas are covered in this topic:

The concept of a contract and its functions including broad theories underpinning contract law; formation, performance and discharge of contracts; remedies for breach of contracts; the nature of contractual terms and their interpretation; broad introduction to vitiating factors; introduction to equity as a body of law distinct from the remainder of the common law and highlight the modern role of equitable principles in the law of contract.
Educational aims
The aims of this topic are to:

  • provide students with a sound knowledge and understanding of the basic principles on the nature, formation, content and enforcement of contracts
  • introduce students to the development of equity as a body of law distinct from the remainder of common law
  • highlight to students the modern role of equitable principles and remedies in the law of contract
Expected learning outcomes
It is expected that on completion of this topic students will:

  1. Have a good understanding of some of the basic common law and equitable principles on formation, performance and discharge of contracts and the nature of contractual terms and their interpretation, as well as legal and equitable remedies for breach of contracts
  2. Be able to examine and evaluate these legal principles within the commercial, social and historical context
  3. Be able to recognise and identify the correct contractual issues and related ethical dilemmas within a factual scenario
  4. Be able to use appropriate forms of legal reasoning and analysis to explain, in clear and persuasive style, reasoned solutions to issues arising from such scenarios
  5. Be able to explain and provide a critical evaluation of some of the theoretical and policy frameworks used by courts and writers in relation to the facilitation and regulation of contractual relations.