units

LAW7429

Faculty of Law

30 January 2012 12 February 2012

Postgraduate - Unit

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6 points, SCA Band 3, 0.125 EFTSL

Refer to the specific census and withdrawal dates for the semester(s) in which this unit is offered.

LevelPostgraduate
FacultyFaculty of Law
OfferedCity (Melbourne) Trimester 1 2012 (Day)
City (Melbourne) Trimester 2 2012 (Day)
City (Melbourne) Trimester 3 2012 (Day)

Notes

For postgraduate Law discontinuation dates, please see http://www.law.monash.edu.au/current-students/postgraduate/pg-disc-dates.html

Synopsis

Contract law addresses the broad concepts, principles and rules used to determine the content of binding promises and as appropriate, their defeasibility or enforcement in a market economy.

Topics in Contract b will include consideration of the legal and equitable prinicples governing contractual termination, remedies (including damages, penalites, debt and equitable relief), frustration and vitiating factors (including misleading and deceptive conduct, unconscionable dealing, undue influence and statutory unconsionability).

Outcomes

On completion of this unit students will have:

  1. acquired an understanding of certain fundamental concepts of the common law of contract, including, termination of contract and remedies for breach of contract
  2. acquired a familiarity with the principal Federal and State legislation affecting contracts and the ability to analyse and apply this legislation to contractual situations
  3. a well-developed ability to extract and evaluate principles from primary and secondary law sources (cases, statutes, textbooks, articles and other writings about contract law)
  4. developed the ability to analyse disputes arising from a contractual relationship and to give appropriate advice to clients involved in such disputes
  5. further developed skills in case law analysis and statutory interpretation
  6. the ability to use these principles and rules to solve selected problems in examinations and other settings
  7. a well-developed understanding of the dynamic nature of the law of contract.

Assessment

Research assignment (2,500 words): 30% or
Legal problem solving assignment (2,500 words): 30%
Examination (2 hours plus 30 minutes reading time): 70%

Chief examiner(s)

Mr William Lye (Trimester 1; Trimester 2)
Dr Rebecca Giblin (Trimester 3)

Contact hours

2.5 hours per week x 12 weeks

Prerequisites

LAW7079 and LAW7212 or LAW7470, LAW7428

Prohibitions

LAW7265