UWA Handbook 2024

Unit Overview

Description

This unit will examine and analyse selected topics in private law through the lens of an overarching private law theme. Core areas of the private law from which topics will be drawn include contract, equity and trusts, torts and equitable wrongs, legal

theory, property, remedies, unjust enrichment and cognate statutory principles and regimes.

Topics drawn from these areas will be examined by reference to overarching themes, which aim to give conceptual coherence and rigour to the unit and learning experience. The emphasis will be on providing a research-led learning

experience which integrates theoretical, doctrinal, historical and practical perspectives to enable students to develop and interrogate a holistic understanding of the private law.

The chosen themes will vary from year to year to allow teachers to explore fully and to curate investigation of contemporary

issues and developments. They are likely to include themes such as:

a) the limits and importance of autonomy in private law;

b) the attribution of responsibility and liability in private law;

c) the need for coherence in the law;

d) the boundaries of private and public law; and

e) justifying private law and the related difficulties of transitioning high-level moral principles into specific legal rules.

Credit

6 points

Offering
(see Timetable)

Availability	Location	Mode
Semester 2	UWA (Perth)	Face to face

Outcomes

Students are able to (1) describe accurately and evaluate the nature, role and operation of identified private law topics by reference to the nominated overarching theme

; (2) evaluate the relationship between the identified private law topics by reference to the nominated

overarching theme; (3) integrate their knowledge of the identified common law, equitable and statutory concepts and principles

engaged by the private law topics, to identify inconsistencies and gaps in the private law's treatment of or response to the overarching theme; (4) identify opportunities for judicial and legislative reform of aspects of the private law, where relevant, in light of those comparisons; (5) engage in self-directed legal research to create an autonomous piece of original legal writing on a relevant topic for the unit

; and (6) communicate clearly in written form suitable for legal audiences an integrated understanding of the

complex legal principles, theories and frameworks concerning the identified private law topics and their

relationship to the overarching themes.

Assessment

Indicative assessments in this unit are as follows: (1) research essay and (2) take home 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)

Elise Bant

Unit rules

Prerequisites

Enrolment in

20820 Juris Doctor
and LAWS4101 Foundations of Law and Lawyering
and 30 points
, LAWS4102 Criminal Law
, LAWS4102 Criminal Law
, LAWS4103 Contract
, LAWS4104 Property
, LAWS4106 Torts
, LAWS4107 Land Law
, LAWS4108 Foundations of Public Law LAWS5103 Equity and Trusts and ( LAWS4109 Legal Theory and Ethics
or LAWS4110 Interpretation

)

Contact hours

Seminars: 3 hours per week for 12 weeks