- 6 points
If this unit does not have an online alternative, then students who are presently unable to enter Western Australia and whose studies would be delayed by an inability to complete this unit, should contact the unit coordinator (details given on this page) to ascertain, on an individual case-by-case basis, if alternate arrangements can be made to support their study in this unit.
Availability Location Mode Semester 1 UWA (Perth) Face to face Predominantly face-to-face. On campus attendance required to complete this unit. May have accompanying resources online.
- 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)
- Dr Nicholas Tiverios
- Unit rules
- LAWS4101 Foundations of Law and Lawyering
- Contact hours
- 4 hours per week
Paterson, J.and Robertson, A. Principles of Contract Law, latest edn: Law Book Co. of Australasia 2020.
- 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.
- Unit readings, including any essential textbooks, are listed in the unit outline for each unit, one week prior the commencement of study. The unit outline will be available via the LMS and the UWA Handbook one week prior the commencement of study. Reading lists and essential textbooks are subject to change each semester. Information on essential textbooks will also be made available on the Essential Textbooks. This website is updated regularly in the lead up to semester so content may change. It is recommended that students purchase essential textbooks for convenience due to the frequency with which they will be required during the unit. A limited number of textbooks will be made available from the Library in print and will also be made available online wherever possible. Essential textbooks can be purchased from the commercial vendors to secure the best deal. The Student Guild can provide assistance on where to purchase books if required. Books can be purchased second hand at the Guild Secondhand bookshop (second floor, Guild Village), which is located on campus.