Studying online

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

This unit imparts a clear understanding of aspects of the law of contract and areas of the law which impinge on contractual liability. Among the topics covered are the liability for misleading conduct under the Trade Practices Act 1974 and the states' Fair Trading Acts, the impact that promissory estoppel has had on negotiations for a contract, and the extent to which the law of negligence is applicable to parties negotiating for or performing a contract. A study is also made of the various ways in which the notion of unconscionability affects the negotiation for and performance of a contract, and whether the law is prepared to imply an obligation into all contracts that the parties carry out the duties thereunder in good faith. The remedial aspects of contract law are also considered. Recent cases dealing with a remedy of disgorgement of profits made from the breach are analysed, and issues such as the economists' 'efficient breach' and the availability of exemplary damages for breach of contract are discussed.

Credit
6 points
Outcomes

Students acquire (1) a clear understanding of the role of contract law within the general law of obligations; (2) a good knowledge of the effect of other aspects of the law, such as negligence and the statutory liability for misleading or deceptive conduct, on parties who are either negotiating for, or have entered into, a contractual relationship; and (3) a thorough grasp of those elements of contract law which are of particular relevance in commercial life.

Assessment

Students demonstrate achievement of the outcomes in a variety of assessment methods including a written assignment. Details of assessment are advised in the unit outline.



Student may be offered supplementary assessment in this unit if they meet the eligibility criteria.

Contact hours
taught over two successive weekends, from 9.30am to 5pm on the Saturday and from 9.30am to 3pm on the Sunday
Note
Materials for the unit, in the form of lecture notes provided by the lecturer, are available in electronic form approximately a fortnight prior to the first weekend of the unit.
  • 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.
  • 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.