LLAW2312 Contracts

2020

4.5

1 x 2-hour workshop weekly
1 x 1-hour on-line lecture weekly

1 Admission into BLAWLPR-Bachelor of Laws and Legal Practice
1a Admission into BLAWLPRG-Bachelor of Laws and Legal Practice (Graduate Entry)
1b Admission into BLAWLPRH-Bachelor of Laws and Legal Practice (Honours)
1c Admission into BLAWLPRGH-Bachelor of Laws and Legal Practice (Graduate Entry) (Honours)
1d Admission into BLAWSH-Bachelor of Laws (Honours)
1e Admission into BLAWS-Bachelor of Laws
1f Admission into BLLAW-Bachelor of Laws
1g Admission into BLLAWH-Bachelor of Laws (Honours)
1h Admission into BLLAWFP-Bachelor of Laws - City Campus
1i Admission into BLLAWHFP-Bachelor of Laws (Honours) - City Campus
1j Admission into CLAWBU-Bachelor of Laws/Bachelor of Business - City Campus
1k Admission into CLAWIR-Bachelor of Laws/Bachelor of International Relations and Political Science - City Campus
1l Admission into CLAWIT-Bachelor of Laws/Bachelor of Information Technology - City Campus
1m Admission into CLAWAC-Bachelor of Laws/Bachelor of Accounting - City Campus
1n Admission into CLAWCR-Bachelor of Laws/Bachelor of Criminology - City Campus
1o Admission into CLAWHIR-B Laws (Hons)/B Intl Relations and Political Science
1p Admission into CLAWHIT-B Laws (Hons)/B Information Technology
1q Admission into CLAWHAC-B Laws (Hons)/B Accounting
1r Admission into CLAWHCR-B Laws (Hons)/B Criminology
1s Admission into CLAWHBU-B Laws (Hons)/B Business
2 ^ 1 of LLAW1311, LLAW1213
3 1 of LLAW1312, LLAW1211
4 Admission into DIPLAW-Diploma in Laws
5 ^ 1 of LLAW1311, LLAW1213
6 ^ 1 of LLAW1312, LLAW1211
Must Satisfy: (((1 or 1a or 1b or 1c or 1d or 1e or 1f or 1g or 1h or 1i or 1j or 1k or 1l or 1m or 1n or 1o or 1p or 1q or 1r or 1s) and 2 and 3) or (4 and 5 and 6))

1 of LLAW1214, LLAW1224 has been successfully completed

Assignment(s), Examination(s)

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; the nature of contractual terms and their interpretation; privity of contract; common law and equitable remedies for breach of contract; the doctrine of good faith (in negotiation, performance and termination of contracts); and vitiating factors, including duress, undue influence, unconscionability, and misinformation.

The aims of this topic are to:

• Provide students with a sound knowledge and understanding of the applicable principles on the nature, formation, content, interpretation, performance, and discharge of contracts, including a specific focus on the role of good faith in negotiation, performance and termination of contracts

• Provide students with an understanding and critical evaluation of the role of unconscionability in contract law, particularly in relation to the control of contractual unfairness, either in its own right, or through the related concepts of duress, undue influence, and misinformation

• Pprovide students with a sound knowledge and understanding of the applicable common law and equitable remedies for breach of contract.

On completion of this topic students will be expected to be able to:

1. Identify, describe and apply common law and equitable principles on formation, performance and discharge of contracts, and the nature of contractual terms and their interpretation, as well as common law and equitable remedies for breach of contracts

2. Explain how legislative, common law and equitable principles are used to resolve contractual disputes

3. Critically evaluate the role played by concepts such as ‘unconscionability’, ‘good faith’ and ‘fairness’ in the enforcement of contractual obligations

4. Examine and evaluate contract law principles within the commercial, social and historical context

5. Recognise and identify the correct contractual issues and related ethical dilemmas within a factual scenario, and 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

6. 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.