LAWS 7047 Contracts (Juris Doctor)
Credit Points 10
Legacy Code 201048
Coordinator Simon Kozlina Opens in new window
Description This unit deals with legal principles related to the development and application of contract law with an awareness of broader political, social, economic, cultural and ethical considerations. Contracts covers the formation of contracts, the requirement of writing, privity of contract, contractual terms and their interpretation, breach of contract, discharge of contractual obligations and elements vitiating its formation such as misrepresentation, misleading and deceptive conduct, mistake, undue influence, unconscionability, duress and discharge. Statutory developments are also considered such as the Contracts Review Act 1980 (NSW) and the Australian Consumer Law, as are the historic and theoretical aspects of the development of the law of contract. Students will collaborate in problem/case-based learning, engage with online learning materials, and participate in a Moot and viva voce to develop knowledge and skills in authentic ways.
Student Contribution Band HECS Band 4 10cp
Check your HECS Band contribution amount via the Fees page.
Level Postgraduate Coursework Level 7 subject
Co-requisite(s) LAWS 7056
Restrictions Students must be enrolled in a postgraduate program.
- Examine legal principles relevant to the development and application of contract law within a broad political, social, economic, cultural and ethical perspective;
- Analyse contract law concepts and problems by reference to appropriate primary and secondary legal authorities and resources which take account of a diversity of perspectives;
- Construct solutions to legal problems that demonstrate deep comprehension of contract law;
- Present persuasive solutions to contract law problems.
- uncertain agreements and Contingent conditions precedent
- Privity of Contract
- terms: Express, construction of terms, implied, Exemption Clauses, third party rights and obligations, Assignment
- Vitiating Factors: Misrepresentation, Mistake, Duress, Undue influence, Unconscientious conduct
- Restraint of trade
- statutory Developments
- performance and Breach
- discharge by agreement, Frustration, Breach, other forms
- relationship to equity, Tort and Restitution
- Remedies: Damages, specific performance, Injunctions, Equitable Damages and compensation, Rectification, Rescission
The following table summarises the standard assessment tasks for this subject. Please note this is a guide only. Assessment tasks are regularly updated, where there is a difference your Learning Guide takes precedence.
|Reflective Critique||1,000 words||15||N||Individual|
|Viva Voce||15 minutes||15||N||Individual|
|Final Examination||2 hours||45||N||Individual|
- Yin, Kenneth, Simon Kozlina, Kelly Green, Luca Siliquini-Cinelli, Emmanuel Laryea and Lisa Spagnolo, Contract Law: Cases and Materials (Cambridge University Press, 2020)
- Stewart, Andrew, Warren Swain and Karen Fairweather, Contract Law: Principles and Context (Cambridge University Press, 2019)