Studying online (if an online offering is shown below)
There are now 2 possible online modes for units:
Units with modes Online timetabled and Online flexible are available for any student to self-enrol and study online.
Click on an offering mode for more details.
Unit Overview
- Description
A large part of the work done by lawyers in practice is determining the meaning and application of words in statutes and contracts. The law of interpretation is the law that deals with the legal principles, aids and method of how to engage in that interpretation. This unit will mainly deal with the law of statutory interpretation, but will also cover key aspects of the law relating to the interpretation of contracts (which is distinct from the law on the formation and enforcement of contracts studied in LAWS4103 Contract). The unit will focus on the primary legislative and common law principles that govern the reading and understanding of the text in its context, and having regard to the instrument's purpose, in order to infer the ‘intention' of the maker. For statutes, other topics covered include legislative drafting, the relationship between statutes and between statutes and the common law, use of extrinsic materials, and delegated legislation. For contracts, other topics covered include use of surrounding circumstances and post-contractual conduct, and interpretation of particular classes of contract (eg: commercial contracts, State Agreements in the resources sector). The unit will highlight the similarities and the differences in the function of interpretation for statutes (public instruments) and contracts (private instruments), and in the approaches adopted by the legislature and the courts to the interpretation of each instrument.
- Credit
- 6 points
- Offering
(see Timetable) Availability Location Mode Semester 2 UWA (Perth) Face to face - Outcomes
Students are able to (1) demonstrate an understanding of the concepts of text, context and purpose for both statutes and contracts
; (2) identify and analyse relevant interpretative principles and factors for a statutory interpretative task; (3) evaluate relevant interpretative principles and factors for a statutory interpretation task; (4) develop a coherent and plausible argument about the preferred meaning of statutory text; and (5) demonstrate an understanding of the key differences in statutory and contractual interpretation law, including the function of interpretation for each type of instrument.
- Assessment
Indicative assessments in this unit are as follows: (1) participation; (2) assignment; and (3) examination. Further information is available in the unit outline.
Student may be offered supplementary assessment in this unit if they meet the eligibility criteria.
- Unit Coordinator(s)
- Jacinta Dharmananda
- Unit rules
- Contact hours
- 4 hours per week
- 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.
- Visit the Essential Textbooks website to see if any textbooks are required for this Unit. The website is updated regularly so content may change. Students are recommended to purchase Essential Textbooks, but a limited number of copies of all Essential Textbooks are held in the Library in print, and as an ebook where possible. Recommended readings for the unit can be accessed in Unit Readings directly through the Learning Management System (LMS).
- Contact hours provide an indication of the type and extent of in-class activities this unit may contain. The total amount of student work (including contact hours, assessment time, and self-study) will approximate 150 hours per 6 credit points.
Face to face
Predominantly face-to-face. On campus attendance required to complete this unit. May have accompanying resources online.
Online flexible
100% Online Unit. NO campus face-to-face attendance is required to complete this unit. All study requirements are online only. Unit is asynchronous delivery, with NO requirement for students to participate online at specific times.
Online timetabled
100% Online Unit. NO campus face-to-face attendance is required to complete this unit. All study requirements are online only. Unit includes some synchronous components, with a requirement for students to participate online at specific times.
Online Restricted
Not available for self-enrolment. Students access this mode by contacting their student office through AskUWA. 100% Online Unit.
NO campus face-to-face attendance. All study and assessment requirements are online only. Unit includes some timetabled activities, with a requirement for students to participate online at specific times. In exceptional cases (noted in the Handbook) students may be required to participate in face-to-face laboratory classes when a return to UWA’s Crawley campus becomes possible in order to be awarded a final grade.
External
No attendance or regular contact is required, and all study requirements are completed either via correspondence and/or online submission.
Off-campus
Regular attendance is not required, but student attends the institution face to face on an agreed schedule for purposes of supervision and/or instruction.
Multi-mode
Multiple modes of delivery. Unit includes a mix of online and on-campus study requirements. On campus attendance for some activities is required to complete this unit.