Obligations (LAWS50026)
Graduate coursework level 5Points: 12.5On Campus (Parkville)
To learn more, visit 2023 Course and subject delivery.
Overview
| Availability | Semester 1 |
|---|---|
| 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: 31 January 2024
Eligibility and requirements
Prerequisites
| Code | Name | Teaching period | Credit Points |
|---|---|---|---|
| LAWS50023 | Legal Method and Reasoning | Summer Term (On Campus - Parkville) |
12.5 |
Corequisites
Non-allowed subjects
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: 31 January 2024
Assessment
| Description | Timing | Percentage |
|---|---|---|
Take-home hypothetical exercise to be completed in pairs
| From Week 5 to Week 8 | 30% |
Supervised examination, open book
| During the examination period | 70% |
Response to a hypothetical problem
| From Week 3 to Week 4 | N/A |
Response to a hypothetical problem (750 words) and a response to a short-answer/essay-style question (500 words).
| Week 11 | N/A |
Additional details
The assessment due dates will be available to students via the Assessment Schedule on the LMS Community.
Last updated: 31 January 2024
Dates & times
- Semester 1
Principal coordinator Arlen Duke Mode of delivery On Campus (Parkville) Contact hours 48 hours Total time commitment 144 hours Teaching period 27 February 2023 to 28 May 2023 Last self-enrol date 10 March 2023 Census date 31 March 2023 Last date to withdraw without fail 5 May 2023 Assessment period ends 23 June 2023
What do these dates mean
Visit this webpage to find out about these key dates, including how they impact on:
- Your tuition fees, academic transcript and statements.
- And for Commonwealth Supported students, your:
- Student Learning Entitlement. This applies to all students enrolled in a Commonwealth Supported Place (CSP).
Subjects withdrawn after the census date (including up to the ‘last day to withdraw without fail’) count toward the Student Learning Entitlement.
Last updated: 31 January 2024
Further information
- Texts
Prescribed texts
- Robertson and Paterson, Contract: Cases and Materials (Lawbook Co/Thomson Reuters, 14th ed, 2020)
- Specialist materials will also be made available via the LMS.
Recommended texts and other resources
- Robertson and Paterson, Principles of Contract Law (Lawbook Co/Thomson Reuters, 6th ed, 2020)
- Related Handbook entries
- 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.
Please note Single Subject Studies via Community Access Program is not available to student visa holders or applicants
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
Last updated: 31 January 2024