Handbook 1996 : Faculty of Law (Volume 3 page 213)
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Compulsory Law subject.
Pre/Corequisite: Torts and the Process of Law; History and Philosophy of Law.
Contact: 4 hours per week
Timetable: Both semesters
Objectives:
Students who complete this subject should have acquired: an understanding of the distinct nature of an action for breach of contract and its relationship with other civil actions; a comprehensive and up-to-date knowledge of the rules of general contract law formulated by Australian courts and legislatures; an understanding of the dynamic nature of those rules, and of current and likely trends in their future development; a knowledge of selected theoretical perspective on contract law; the ability to apply their understanding and knowledge to specific tasks, for example the construction of contracts, and the prevention and resolution of contract disputes; the ability to apply their understanding and knowledge to the critical evaluation of the content, operation and significance of contract law.
Content:
Introduction. The concept of a contract and its function. The role of contract law. Formation of contracts. Offer. Acceptance. Consideration. Intention to create legal relations. Certainty of terms. Privity. Identification of terms. Express terms. Implied terms. Construction of terms. The parol evidence rule. Classification of terms. Exclusion clauses. Excuses. Incapacity. Informality. Misrepresentation. Mistake. Duress. Undue influence. Unconscionability. Illegality. Termination of the contract. Termination by agreement. Termination by performance. Termination for breach. Termination by frustration. Remedies. Damages. Recovery of sums fixed by the contract. Restitution. Specific performance and injunction.
Assessment:
Research Assignment 2,500 words (30 per cent) and Final Exam 2 hours (70 per cent).
Prescribed texts:
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Handbook 1996 : Faculty of Law (Volume 3 page 213)
Status: Official 1996 Date created: Oct 9 1995 Last modified: Oct 9 1995 Authorised by: Academic Registrar Email enquiries: Course_Information@registrar.unimelb.edu.au
Maintained by: Faculty of Law.
Copyright © University of Melbourne 1995,1996.