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Core Principles of Contract (LAWS90172)
Graduate courseworkPoints: 12.5Online
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About this subject
Contact information
May
Email: law-masters@unimelb.edu.au
Phone: +61 3 8344 6190
Website: law.unimelb.edu.au
Overview
Availability(Quotas apply) | May - Online |
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Fees | Look up fees |
This subject introduces students to the fundamentals of the law of contract in common law jurisdictions, with a particular focus on English and Australian law. It offers a grounding in the foundational principles of contract law as well as insights into current issues and influences on the development of the law. The subject also offers the opportunity to develop deeper insights into the law of contract and common law method. It lays the foundations of knowledge and skills necessary for the study of more specialised subjects and for the exploration of particular contract issues and problems that arise in practice.
The lecturer has taught contract law for many years and has published extensively in the area.
Topics to be covered, principally through a series of case studies, include:
- Principles of contract formation: agreement; intention to be bound; consideration; certainty
- The doctrine of privity of contract
- Terms of the contract: express and implied terms; written contracts and their interpretation
- Vitiating elements: misrepresentation; mistake; duress; undue influence; unconscionable bargain
- Discharge of contracts: breach; frustration
- Remedies for breach of contract: damages; specific performance
Intended learning outcomes
A candidate who has successfully completed the subject should:
- Have a sound understanding of the fundamental concepts and principles of the common law of contract
- Be able to evaluate critically those concepts and principles in the light of the function of the law of contract and the policy issues which underlie it
- Have developed problem solving skills, skills of case analysis (including skills of fact analysis, identification of legal issues, identification of rules and principles articulated in judgments and critical appraisal of reasoning and outcomes) and other lawyering skills
- Have developed a facility in talking in public about law and legal problems and in responding to the questions and ideas of other people.
Generic skills
On completion of the subject students should have developed the following skills:
- Mastery of the fundamental concepts and principles of the common law of contract;
- The ability to evaluate critically those concepts and principles in the light of the function of the law of contract and the policy issues which underlie it;
- Problem solving skills, skills of case analysis (including skills of fact analysis, identification of legal issues, identification of rules and principles articulated in judgments and critical appraisal of reasoning and outcomes) and other lawyering skills;
- The ability to talk in public about law and legal problems and to respond to the questions and ideas of other people.
Last updated: 3 November 2022