- 6 points
Availability Location Mode Semester 1 UWA (Perth) Face to face
- Students develop an ability to read, understand, analyse and apply the law of contract through the study of decided cases and contractual terms. As most of the applicable law studied in Contract is common law case law this material is the primary focus of the unit. Students are also introduced to legislation that impacts on contract law in Australia. The unit begins with an examination of the rules relating to the formation of contracts and concepts of offer and acceptance, consideration, intention to create legal relations, privity and contract formalities. Students then study incorporation and construction of contractual terms and implication of terms. They continue mapping the life of a contract by investigating how contracts come to an end through agreement, performance, breach and repudiation, and frustration of contract. Although contract remedies are studied in a dedicated Remedies unit, students are introduced to restitutionary claims for unjust enrichment. They study the provisions in national consumer legislation (the Australian Consumer Law) that impact on the law of contract, in particular the law of misleading or deceptive conduct. Students analyse case law, extract legal principles from judicial decisions and clearly state them, and analyse and solve hypothetical legal problems relating to the topics covered.
- Students are able to (1) demonstrate an understanding of key aspects of Australian contract law including formation, terms and discharge of contracts: actions in debt and for breach, restitutionary claims and the impact of national consumer legislation on the common law of contract ; (2) explain the relationship between the common law of contract and equity, contract law and restitution, and common law and legislation; (3) evaluate developments in or affecting the law of contract that promote ethical practice in a commercial setting ; (4) analyse a hypothetical fact scenario and identify the relevant facts and legal issues raised and apply case law and statutory principles correctly to reach reasoned conclusions; and (5) provide an oral or written opinion on a hypothetical legal problem and/or a critical analysis of a case in a clear and concise manner and effectively communicate the opinion.
- Indicative assessments in this unit are as follows: (1) assignment; (2) seminar/tutorial attendance and participation; and (3) examination. Further information is available in the unit outline.
Supplementary assessment is not available in this unit.
- Unit Coordinator(s)
- Professor Robyn Carroll and Assistant Professor Tracey Atkins
- Unit rules
- LAWS4101 Foundations of Law and Lawyering
- Contact hours
- 4 hours per week
- Unit Outline
- Semester 1_2019 [SEM-1_2019]
Paterson, J., Robertson, A. and Duke, A. Principles of Contract Law, latest edn: Law Book Co. of Australasia 2016
Paterson, J., Robertson, A. and Duke, A. Contract Cases and Materials, latest edn: Law Book Co. of Australasia 2016
- The availability of units in Semester 1, 2, etc. was correct at the time of publication but may be subject to change.
- All students are responsible for identifying when they need assistance to improve their academic learning, research, English language and numeracy skills; seeking out the services and resources available to help them; and applying what they learn. Students are encouraged to register for free online support through GETSmart; to help themselves to the extensive range of resources on UWA's STUDYSmarter website; and to participate in WRITESmart and (ma+hs)Smart drop-ins and workshops.
- Books and other material wherever listed may be subject to change. Book lists relating to 'Preliminary reading', 'Recommended reading' and 'Textbooks' are, in most cases, available at the University Co-operative Bookshop (from early January) and appropriate administrative offices for students to consult. Where texts are listed in the unit description above, an asterisk (*) indicates that the book is available in paperback.