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About this subject
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July - Online
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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 teacher has taught contract law for many years and has published extensively in the area.
Topics to be covered include:
- Principles of contract formation: agreement; intention to be bound; consideration; certainty
- Promissory estoppel
- The doctrine of privity of contract
- Contract terms: express and implied terms; the interpretation of written contracts
- Vitiating factors: misrepresentation; mistake; duress; undue influence; unconscionable dealing
- Discharge of contracts: breach; frustration; contingent conditions
- Remedies for breach of contract: damages; specific performance
Intended learning outcomes
A student who has successfully completed the subject should be able to:
- Demonstrate an understanding of the fundamental concepts and principles of the common law of contract
- Critically evaluate those concepts and principles in the light of the functions of the law of contract and the policy issues which underlie it
- Apply the core principles of contract law to new fact situations and provide advice as to the rights and obligations of contracting parties
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: 10 November 2023