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This subject studies:
- The content of contracts;
- Invalidating factors in contract formation; and
- The termination of contracts.
The study of content builds on the foundations laid in Obligations Law, and includes express terms and implied terms. The study of termination includes termination for breach, for failure of condition and by frustration, and includes some consideration of the proprietary consequences of contracts. The study of invalidating factors includes misinformation (mistake, misrepresentation, misleading conduct), abuse of power (duress, undue influence, third party impropriety, unconscionable dealing, and unconscionable conduct) and illegality.
Intended learning outcomes
The aim of this subject is for students to develop a comprehensive understanding of the foundations of the law of contract through close reading of cases, statutes and scholarly writing and through participation in class discussion. It is expected that on completion of the subject students should have a sound understanding of the law relating to the identification and interpretation of contract terms, and the grounds on which a contract can be rescinded or terminated, and will be able to:
- Critically analyse and challenge the basis of relevant contract law decisions;
- Identify relevant principles in cases and statutes;
- Apply those principles to particular fact situations to reach well-reasoned conclusions about the rights and obligations of the parties in those fact situations;
- Develop creative arguments as to ways in which the relevant principles could be applied to novel fact situations; and
- Evaluate relevant principles and analyse particular problems from a range of theoretical and/or comparative perspectives.
On completion of the subject, students should have developed the following skills:
- The capacity for close reading and critical analysis of a range of sources relevant to contract law;
- The capacity for critical, independent and creative thought and reflection on the role and function of contract law;
- The capacity to solve complex problems related to contract law, including through the collection, analysis and evaluation of information; and
- The capacity to communicate effectively, both orally and in writing, to specialist and non-specialist audiences alike.
Last updated: 18 December 2020