730-213 Obligations

Legal Method and Reasoning; Torts or in each case their equivalents.

The subject involves a study of the foundations of the law of obligations, structured around the organising principles of consent, wrongs and unjust enrichment. Topics will include:

• the nature of private law obligations and the relationship between obligations and property;

• the nature and foundations of contractual obligations;

• the formation of contracts (the requirements of agreement, consideration, intention to create legal relations, certainty and capacity);

• formalities and the creation of equitable interests in property;

• privity (by whom and against whom contractual obligations are enforceable);

• statutory wrongs (focusing on misleading or deceptive conduct in trade or commerce);

• equitable wrongs (the nature of equity, the principles of estoppel and fiduciary obligations and the creation of equitable interests in property);

• unjust enrichment (the nature of the law of restitution, money claims, claims in respect of services and defences)

A 2000-word mid-semester take home examination to be completed over four days 40% (due week 6), a reflective essay 1000 words 20% (due week 12) AND a final two hour (reading time 15mins) open-book examination 40%

Printed materials will be issued by the Faculty of Law.

• Paterson, Robertson & Heffey, Contract: Cases and Materials. (10th ed., 2005).