|Year of offer||2019|
|Subject level||Graduate coursework Level 5|
|Fees||Subject EFTSL, Level, Discipline & Census Date|
This subject studies:
- the content of contracts;
- invalidating factors in contract formation; and
- the termination of contracts.
The study of contract builds on the foundations laid in LAWS50026 Obligations, 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the law relating to the identification and interpretation of contract terms, and the grounds on which a contract can be rescinded or terminated, and will be able to: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.
Eligibility and requirements
Successful completion of all the below subjects:
|Code||Name||Teaching period||Credit Points|
|LAWS50023||Legal Method and Reasoning||
|LAWS50024||Principles of Public Law||
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
- Optional interim assessment of a 1-hour exam during first half of semester (30%) AND a 2-hour exam during scheduled examination period (70%);
- 3-hour exam scheduled during the main examination period (100%).
More information on the above assessment will be available to students via the Assessment Schedule on the LMS Community.
Dates & times
- Semester 2
Principal coordinator Arlen Duke Mode of delivery On Campus — Parkville Contact hours 48 hours Total time commitment 144 hours Teaching period 29 July 2019 to 27 October 2019 Last self-enrol date 9 August 2019 Census date 31 August 2019 Last date to withdraw without fail 27 September 2019 Assessment period ends 22 November 2019
Semester 2 contact information
Time commitment details
- Jeannie Paterson, Andrew Robertson and Arlen Duke, Contract Cases and Materials, 13th Edition, 2016.
- Specialist materials will also be made available from Melbourne Law School.
- Related Handbook entries
This subject contributes to the following:
Type Name Course Juris Doctor
- 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 firstname.lastname@example.org 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.