- 6 points
Availability Location Mode Semester 1 UWA (Perth) Face to face
- Students develop an ability to read, understand and apply the law of contract through the study of decided cases and contractual terms. Although this unit also studies legislation that impacts on contract law in Australia, most of the law is found in common law cases so this is the primary material it focuses on. The unit begins with an examination of the rules relating to the formation, terms and construction of contractual terms. This includes concepts of offer and acceptance, intention to create legal relations, privity and contract formalities. Students understand the need for sufficiency of consideration and the operation and consequences of estoppel. 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 will be 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.
Class activities may include an introduction to resolution of contractual disputes.
- Students are able to (1) demonstrate an understanding of (a) contracts within the law of obligations; (b) the formation of contracts; (c) the primacy of the expectation interest; (d) the parties to a contract, the terms and construction of contracts; (e) performance, termination and discharge of contracts; (f) actions in debt and actions for breach; (g) restitutionary claims; and (h) the impact of national consumer legislation on the common law of contract; (2) demonstrate a developing understanding of the socioeconomic influences on the development of contract law, the relationships between the common law of contract and equity, contract law and restitution, and common law and statutes, and an appreciation of the practical relevance of contemporary 'sources' of law in addition to domestic law; (3) recognise and evaluate developments in or affecting the law of contract that promote ethical practice in a commercial setting; (4) (a) analyse a hypothetical fact scenario and identify and articulate the relevant facts and legal issues raised; (b) make correct use of case law precedents; (c) apply, at an introductory level, case law and statutory principles to complex legal problems to reach reasoned conclusions; (d) generate and evaluate alternative theoretical, legal, ethical and practical responses to legal issues and make appropriate, justified and reasoned choices from the alternatives; and (e) demonstrate cognitive and creative skills in approaching contractual legal issues and generating appropriate responses; (5) (a) write an opinion on a hypothetical legal problem and/or a critical analysis of a case in a clear and concise manner using plain English; and (b) communicate effectively and meaningfully in tutorials and small groups; and (6) develop an appreciation of the role of law and lawyers in negotiating contracts and the resolution of contractual disputes..
- 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 semester
- 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.