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Precontractual Liability (LAWS90027)
Graduate courseworkPoints: 12.5Not available in 2018
Overview
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A considerable amount of litigation is concerned with legal responsibility for things said and done during contract negotiations, whether or not those negotiations result in a formal contract. Liability can arise from promises, representations and non-disclosure, and can arise by way of unintended contracts, the addition of unintended contract terms, through different forms of estoppel, under statute, in tort or in restitution. All of the relevant causes of action are at various points complex and uncertain. This subject will involve an advanced study of the circumstances in which those causes of action arise, their remedial consequences and the relations and distinctions between them. It will focus particularly on recent developments in Australian and English law. The lecturers have written extensively on the topics covered by the subject, and their published work has been widely cited and discussed by the courts in Australia and the United Kingdom.
Principal topics include:
- Preliminary agreements and ‘subject to contract’ clauses
- The incorporation of contract terms, the parol evidence rule and ‘entire agreement’ or merger clauses
- Pre-contractual promissory estoppel, proprietary estoppel and estoppel by convention
- Pre-contractual misleading or deceptive conduct
- Pre-contractual liability in tort
- Liability in restitution where contracts fail to materialise.
Intended learning outcomes
A student who has successfully completed this subject will:
- Have an advanced and integrated understanding of the law relating to pre-contractual liability
- Be able to examine, analyse, interpret and assess critically the effectiveness of the relevant legal, equitable and statutory doctrines
- Be an engaged participant in debate regarding emerging and contemporary issues in the field
- Have a sophisticated appreciation of the issues and considerations driving the development of this area of the law
- Have an advanced understanding of the different bases of liability and the distinctions and relationships between them
- Have the cognitive and technical skills to generate critical and creative ideas relating to the different bases of liability, and to critically evaluate existing legal theories, principles and concepts with creativity and autonomy
- Have the cognitive and technical skills to examine, research and analyse independently the existing and emerging legal issues concerning each of the different bases of pre-contractual liability
- Have the communication skills to articulate and convey complex information regarding pre-contractual liability to relevant specialist and non-specialist audiences.
Last updated: 3 November 2022
Eligibility and requirements
Prerequisites
Melbourne Law Masters Students: None
JD Students: Successful completion of the below subject:
Code | Name | Teaching period | Credit Points |
---|---|---|---|
LAWS50029 | Contracts | Semester 2 (On Campus - Parkville) |
12.5 |
Corequisites
None
Non-allowed subjects
None
Recommended background knowledge
This subject is not recommended for students who have not completed an undergraduate law degree. It requires students to analyse and engage closely with complex legal texts and doctrines.
Applicants without legal qualifications should note that subjects are offered in the discipline of law at an advanced graduate level. While every effort will be made to meet the needs of students trained in other fields, concessions will not be made in the general level of instruction or assessment. Most subjects assume the knowledge usually acquired in a degree in law (LLB, JD or equivalent). Applicants should note that admission to some subjects in the Melbourne Law Masters will be dependent upon the individual applicant’s educational background and professional experience.
Inherent requirements (core participation requirements)
The University of Melbourne is committed to providing students with reasonable adjustments to assessment and participation under the Disability Standards for Education (2005), and the Assessment and Results Policy (MPF1326). Students are expected to meet the core participation requirements for their course. These can be viewed under Entry and Participation Requirements for the course outlines in the Handbook.
Further details on how to seek academic adjustments can be found on the Student Equity and Disability Support website: http://services.unimelb.edu.au/student-equity/home
Last updated: 3 November 2022
Assessment
Additional details
- Case presentation (10%)
- Class participation (10%)
- Take-home examination (5,000 - 6,000 words) (80%) (6 - 9 October)
or - 6,500 - 8,000 word research paper (80%) (8 November) on a topic approved by the subject coordinator
A minimum of 75% attendance is a hurdle requirement.
Last updated: 3 November 2022
Quotas apply to this subject
Dates & times
Not available in 2018
Time commitment details
136-150 hours The pre-teaching period commences four weeks before the subject commencement date. From this time, students are expected to access and review the Reading Guide that will be available from the LMS subject page and the subject materials provided by the subject coordinator, which will be available from Melbourne Law School. Refer to the Reading Guide for confirmation of which resources need to be read and what other preparation is required before the teaching period commences.
Additional delivery details
This subject has a quota of 30 students. Please refer to the Melbourne Law Masters website for further information about the management of subject quotas and waitlists.
Last updated: 3 November 2022
Further information
- Texts
Prescribed texts
Specialist printed materials will be made available free of charge from the Melbourne Law School prior to the pre-teaching period.
- Related Handbook entries
This subject contributes to the following:
Type Name Course Graduate Diploma in Construction Law Course Graduate Diploma in Legal Studies Course Master of Construction Law Course Juris Doctor Course Master of Commercial Law Course Master of Laws Course Master of Private Law - Links to additional information
law.unimelb.edu.au
- Available through the Community Access Program
About the Community Access Program (CAP)
This subject is available through the Community Access Program (also called Single Subject Studies) which allows you to enrol in single subjects offered by the University of Melbourne, without the commitment required to complete a whole degree.
Entry requirements including prerequisites may apply. Please refer to the CAP applications page for further information.
Additional information for this subject
If required, please contact law-admissions@unimelb.edu.au for subject coordinator approval.
- Available to Study Abroad and/or Study Exchange Students
This subject is available to students studying at the University from eligible overseas institutions on exchange and study abroad. Students are required to satisfy any listed requirements, such as pre- and co-requisites, for enrolment in the subject.
Last updated: 3 November 2022