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Obligations (LAWS50026)
Graduate coursework level 5Points: 12.5On Campus (Parkville)
For information about the University’s phased return to campus and in-person activity in Winter and Semester 2, please refer to the on-campus subjects page.
About this subject
- Overview
- Eligibility and requirements
- Assessment
- Dates and times
- Further information
- Timetable(opens in new window)
Contact information
Please refer to the LMS for up-to-date subject information, including assessment and participation requirements, for subjects being offered in 2020.
Overview
Availability | Semester 1 May |
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Fees | Look up fees |
This subject builds on and continues to develop skills introduced in the foundational subject Legal Method and Reasoning, including the close reading and critical analysis of cases and the interpretation and application of legislation. The substantive content of the subject considers the nature and foundations of the law of obligations through the study of four categories of private law obligation:
- Obligations arising from exchange transactions (contracts);
- The obligation not to mislead or deceive in trade or commerce (misleading conduct);
- The obligation not to cause harm through inconsistent conduct (estoppel); and
- The obligation to restore unjust gains (restitution for unjust enrichment).
Topics to be examined in detail will include:
- The nature of private law obligations and the relationship between obligations and property;
- The nature and foundations of contractual obligations;
- The formation of contracts (the requirements of agreement, consideration, intention to create legal relations, certainty and capacity);
- Formalities;
- The doctrine of privity (by whom and against whom contractual obligations are enforceable);
- The statutory wrong of misleading or deceptive conduct in trade or commerce;
- The principles of estoppel (the nature of equity, equitable and common law estoppels and the remedial effects of equitable estoppel); and
- The law of unjust enrichment (the nature of restitution for unjust enrichment, money claims, claims in respect of services and defences).
Intended learning outcomes
The purpose of this subject is to instill the technical skills and foundational substantive knowledge required for the development of an advanced and integrated understanding of four categories of private law obligation, and their interconnections and disjunctions, through analysis of cases, statutes and scholarly writing and through participation in class discussion.
In this way the subject establishes the critical foundations for further specialised study of private law obligations. It is expected that on completion of the subject students will have developed an integrated understanding of the nature and structure of the law of obligations and be able to:
- critically analyse and evaluate the basis of decisions recognising or denying private law obligations.
- identify relevant rules and principles in cases and statutes and apply those rules and principles to particular fact situations to reach well-reasoned conclusions about the rights and obligations of the parties involved.
- develop creative, sophisticated and well-founded arguments as to ways in which the relevant rules and principles could be applied to novel fact situations.
- critically analyse and evaluate relevant legal and equitable principles and statutory provisions and analyse particular problems from a range of theoretical or comparative perspectives.
Generic skills
On completion of the subject, students will have developed the following integrated cognitive, technical and creative skills:
- The capacity for close reading and critical analysis of a range of sources;
- The capacity for critical, independent and creative thought and reflection on the role and functioning of the law of obligations;
- The capacity to think across boundaries of private law subjects and to appreciate the need for and consequences of integrated legal knowledge;
- An approach to problem solving that is both well-founded in existing legal methodology and thinking, and is sufficiently creative to allow for the existing boundaries to be pushed;
- The capacity to communicate appropriately and in a convincing manner, both orally and in writing to defined audiences; and
- Attitudes towards knowledge that include valuing truth, openness to new ideas and ethics associated with knowledge creation and usage.
Last updated: 3 November 2022
Eligibility and requirements
Prerequisites
Successful completion of the below subject:
Code | Name | Teaching period | Credit Points |
---|---|---|---|
LAWS50023 | Legal Method and Reasoning |
Summer Term (On Campus - Parkville)
April (On Campus - Parkville)
|
12.5 |
Corequisites
None
Non-allowed subjects
None
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
Due to the impact of COVID-19, assessment may differ from that published in the Handbook. Students are reminded to check the subject assessment requirements published in the subject outline on the LMS
Description | Timing | Percentage |
---|---|---|
Take-home hypothetical exercise to be completed in pairs
| 30% | |
Supervised open book examination
| During the examination period | 70% |
Additional details
The assessment due dates for the Semester 1 offering will be available to students via the Assessment Schedule on the LMS Community.
The assessment due dates for the May offering are:
Interim test (30%): Monday 25 June
Exam (70%; 2.5 hours): Friday 12 June
Last updated: 3 November 2022
Dates & times
- Semester 1
Principal coordinator Andrew Robertson Mode of delivery On Campus (Parkville) Contact hours 48 hours Total time commitment 144 hours Teaching period 2 March 2020 to 7 June 2020 Last self-enrol date 13 March 2020 Census date 30 April 2020 Last date to withdraw without fail 5 June 2020 Assessment period ends 3 July 2020 - May
Principal coordinator Arlen Duke Mode of delivery On Campus (Parkville) Contact hours Total time commitment 144 hours Teaching period 11 May 2020 to 5 June 2020 Last self-enrol date 23 February 2020 Census date 22 May 2020 Last date to withdraw without fail 29 May 2020 Assessment period ends 12 June 2020
Additional delivery details
Please note: the May offering of this subject is exclusive to 2020 and is not open for self-enrolment.
Last updated: 3 November 2022
Further information
- Texts
Prescribed texts
- Robertson and Paterson, Contract: Cases and Materials (Lawbook Co/Thomson Reuters, 14th ed, 2020)
- Specialist printed materials will also be made available from Melbourne Law School.
Recommended texts and other resources
- Robertson and Paterson, Principles of Contract Law (Lawbook Co/Thomson Reuters, 6th ed, 2020)
- 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 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