The Contracts course is one of the foundation subjects in the law program and examines a central aspect of the law of obligations. The evolution of contract, its central role in a market economy and the criteria for making legally enforceable promissory obligations are explored before embarking on the requirements for the formation of contract. The content of agreements and the associated rules and doctrines for ascertaining the meaning and scope of the obligations expressly or impliedly undertaken by the parties is discussed.

The course deals with breach and its consequences, including a discussion of the common law and equitable remedies. The invasion of contract by new rules, in particular estoppel and the prohibition on misleading or deceptive conduct, makes it clear that the commercial relationship is multi-faceted and that the study of contract law ranges more widely than the traditional rules. Equitable doctrines, such as duress, undue influence and unconscionability, that can provide grounds for avoiding contractual commitment, are also examined.  By the end of the course students should have an understanding of contract law as a building block for many other subsequent courses in the law degree.

The objectives of this course are to examine the basic rules of the law of contract, its commercial, social and historical context, and to achieve an understanding of the issues which may arise in a contractual setting. Consistent with student-centred learning, the course is directed towards achieving the following objectives:

By the end of the course students should have a detailed knowledge of the topics covered in this subject and be able to appreciate the development of these areas of law.  Students should also be able to think critically about the topics covered in the course.  Students should be able to read and understand all material on the course outline including case law, statutes, textbooks and articles.  They should be able to communicate both orally and in writing their knowledge of the topics covered and be able to resolve problems.  Students should acquire an understanding of the theoretical underpinnings of the topics covered, and should develop their skills in legal research and legal writing.  They should be able to co-operate with their colleagues within limits set by rules governing proper academic discourse.

At the conclusion of this course students should be able to:

• demonstrate an understanding of fundamental principles of the law of contract
• construct a proposition of law established by case law
• identify the relevant legal issues that arise on a given set of facts
• make arguments about the way in which those legal issues are likely to be resolved, noting contrary arguments and their strengths
• provide case authorities for propositions of law that they use in those arguments
• apply case law and legislation to a given set of facts
• where applicable, distinguish the facts in decided cases from those in a given set of facts and build this into an argument
• structure an answer to a problem question in a logical and coherent manner.

The assessment for this course will involve a compulsory piece of written assessment during the semester, a final exam in the examination period and continuous assessment for class participation in tutorials.  Tutorial attendance is compulsory and marks will be deducted for failing to attend more than two tutorials during the semester.  More information about the means of assessment and the relationship of the assessment to the learning outcomes of the course will be availalbe on the course home page by the first week of semester.

The contact hours for this course will be 4 hours each week.  There will be 2 two-hour lectures for the first 2 weeks of the semester.  From week 3, 1 of the two-hour lectures will be replaced with a 1 hour lecture and a 1 hour tutorial.  Students are expected to devote approximately 10 hours per week, including class time, to this subject.

Please refer to LAWS1204 course home page.

None.

This course is taken in the second semester of first year for all combined degree students. Students undertaking LLB(G), JD or non-combined LLB will study Contracts in the first semester of first year.