Year
2017
Units
4.5
Contact
1 x 10-hour on-line exercises weekly
Prerequisites
^ = may be enrolled concurrently
1 Admission into JD-Juris Doctor
1a Admission into GCLA-Graduate Certificate in Laws
1b Admission into GDPLA-Graduate Diploma in Laws
2 ^ LLAW9601 - The Australian Legal System
Must Satisfy: ((1 or 1a or 1b) and 2)
Assessment
Assignment(s), Examination(s), Test(s), Oral, Collaborative Workshop Exercises
Topic description
This topic will examine the concept of a contract and its functions including broad theories underpinning contract law. This will include the formation, performance and discharge of contracts; remedies for breach of contracts; the nature of contractual terms and their interpretation and also a broad introduction to vitiating factors.
Educational aims
This topic aims to:

  • provide students with a broad theoretical knowledge of contract law;

  • provide students with a sound knowledge and understanding of the basic principles on the nature, formation, content and enforcement of contracts;

  • provide students with the knowledge and skills to determine the validity of a contract;

  • provide students with the knowledge and skills to interpret contractual terms;

  • introduce students to equitable concepts in the area of contract law; and

  • highlight to students the modern role of equitable principles and remedies in the law of contract.
Expected learning outcomes
It is expected that as a result of work in this topic, students will:

  1. demonstrate knowledge and understanding of the broad theoretical basis of contract law including requirements for existence of a contract, capacity to enter into contracts, the content and interpretation of contracts, performance, discharge and assignment of contracts and remedies for breach.

  2. demonstrate ability to:

    (a) understand approaches to ethical decision making;

    (b) recognise and reflect upon, and a developing ability to respond to, ethical issues likely to arise in professional contexts;

    (c) recognise and reflect upon the professional responsibilities of lawyers in promoting justice and in service to the community; and

    (d) exercise professional judgment,

    in the context of the law of contract.

  3. demonstrate ability to:

    (a) identify and articulate complex legal issues;

    (b) apply legal reasoning and research to generate appropriate jurisprudential and practical responses to legal issues;

    (c) engage in critical analysis and make reasoned and appropriate choices amongst alternatives, and

    (d) demonstrate sophisticated cognitive and creative skills in approaching legal issues and generating appropriate responses,

    in the context of the law of contract.

  4. demonstrate intellectual and practical skills needed to justify and interpret theoretical propositions, legal methodologies, conclusions and professional decisions, as well as to identify, research, evaluate and synthesise relevant factual, legal and policy issues in the context of the law of contract;

  5. demonstrate ability to:

    (a) communicate in ways that are effective, appropriate and persuasive for legal and non-legal audiences; and

    (b) collaborate effectively,

    in the context of the law of contract.

  6. demonstrate ability to:

    (a) learn and work with a high level of autonomy, accountability and professionalism, and

    (b) reflect on and assess their own capabilities and performance, and make use of feedback as appropriate, to support personal and professional development.