Contract Law

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Abstract

The subject addresses the universal elements of contract law, including parties to a contract, formation of contract, contractual capacity, contract enforcement, possible breaches and remedies for breach under contract. Contemporary case law is examined to assess the ways in which the rules of contract are being modified by courts to … For more content click the Read More button below.

The subject addresses the universal elements of contract law, including parties to a contract, formation of contract, contractual capacity, contract enforcement, possible breaches and remedies for breach under contract. Contemporary case law is examined to assess the ways in which the rules of contract are being modified by courts to reflect a changed understanding of the purpose of contracts. Particular attention is placed on decisions of appellate courts, and on key legislation such as consumer law, unfair contracts and unconscionable contracts.

Syllabus

Elements of the formation of contract including offer, acceptance, intention, privity and considerationCapacityExempting and limiting terms of a contractCommon breaches of contractMisrepresentation and misleading or deceptive conduct (including the Competition and Consumer Act 2010 and Fair Trading Acts)Mistake, unconscionable dealing and other vitiating factorsTermination of contracts including performance, discharge, agreement, … For more content click the Read More button below.

Elements of the formation of contract including offer, acceptance, intention, privity and consideration
Capacity
Exempting and limiting terms of a contract
Common breaches of contract
Misrepresentation and misleading or deceptive conduct (including the Competition and Consumer Act 2010 and Fair Trading Acts)
Mistake, unconscionable dealing and other vitiating factors
Termination of contracts including performance, discharge, agreement, breach and frustration
Remedies
Assignment
Damages and rescission
Law reform

Learning outcomes

Upon successful completion of this subject, students should:

be able to demonstrate an understanding of the structure and rationale of contract law, and its related legal doctrines, that arise from statutes and common law

be able to evaluate the historical, social, political, and ethical factors underpinning contract law

be able to discuss critically the influence of a changing society on the law of contract

be able to demonstrate the application of contractual doctrines to hypothetical fact scenarios

be able to identify and evaluate the implied and express terms of a contract

be able to articulate the important elements in the formation of a contract

be able to identify and assess possible breach of contract scenarios

be able to articulate the consequences for breach of contract and the possible defences that may be available to the parties

be able to evaluate and advise upon relevant remedies in statute, common law and equity

10.

be able to interpret contractual documents

11.

be able to demonstrate an understanding of the impact of public policy and law reform within the field of contract law

Enrolment restrictions

Bachelor of Laws and the Bachelor of Laws/Criminal Justice students only.

Pre-requisite

Learning activities

LAW214