LAW214 Contract Law (8)
Abstract|
The subject addresses the universal elements of contract law, including parties to a contract, formation of contract, contractual capacity, contract enforcement, possible breaches and remedies for breach under contract. Contemporary case law is examined to assess the ways in which the rules of contract are being modified by courts to reflect a changed understanding of the purpose of contracts. Particular attention is placed on decisions of appellate courts, and on key legislation such as consumer law, unfair contracts and unconscionable contracts. |
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+ Subject Availability Modes and Location
| Session 2 | | Distance* | Bathurst Campus |
*This subject offering contains a residential school. Please view following information for further details.
Continuing students should consult the SAL for current offering details: LAW214
Where differences exist between the Handbook and the SAL, the SAL should be taken as containing the correct subject offering details.
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Subject information| Duration | Grading System | School: |
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| One session | HD/FL | Centre for Law and Justice |
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Enrolment restrictions|
Bachelor of Laws students only. |
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Learning OutcomesUpon successful completion of this subject, students should:
- be able to demonstrate an understanding of the structure and rationale of contract law, and its related legal doctrines, that arise from statutes and common law
- be able to evaluate the historical, social, political, and ethical factors underpinning contract law
- be able to discuss critically the influence of a changing society on the law of contract
- be able to demonstrate the application of contractual doctrines to hypothetical fact scenarios
- be able to identify and evaluate the implied and express terms of a contract
- be able to articulate the important elements in the formation of a contract
- be able to identify and assess possible breach of contract scenarios
- be able to articulate the consequences for breach of contract and the possible defences that may be available to the parties
- be able to evaluate and advise upon relevant remedies in statute, common law and equity
- be able to interpret contractual documents
- be able to demonstrate an understanding of the impact of public policy and law reform within the field of contract law
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SyllabusThe subject will cover the following topics:
- Elements of the formation of contract including offer, acceptance, intention, privity and consideration
- Capacity
- Exempting and limiting terms of a contract
- Common breaches of contract
- Misrepresentation and misleading or deceptive conduct (including the Competition and Consumer Act 2010 and Fair Trading Acts)
- Mistake, unconscionable dealing and other vitiating factors
- Termination of contracts including performance, discharge, agreement, breach and frustration
- Remedies
- Assignment
- Damages and rescission
- Law reform
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Residential School| This subject contains a optional 2 day residential school.
The 2-day residential school for this subject is optional. It will cover the seminar topics relevant to the subject with particular emphasis on relevant case law, precedents and legislation.
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The information contained in the 2016 CSU Handbook was accurate at the date of publication: 06 September 2016. The University reserves the right to vary the information at any time without notice.
