law5cnb contract law b
CONTRACT LAW B
LAW5CNB
2016
Credit points: 15
Subject outline
In Contract Law B (LAW5CNB) students will resume their examination of contract law, with a focus on excuses for non-performance and the impact of key statutory initiatives on contractual rights and obligations. Topics include unconscionable dealings, misrepresentation, undue influence, and mistake; damages for breach of contract; limitations on the enforcement of contractual rights including privity, exclusion clauses, unjust terms and non-excludable statutory guarantees; and statutory remedies available for unconscionable and misleading or deceptive conduct. This subject, in combination with Contract Law A, meets the requirements of the Victorian Legal Admissions Board for admission to practice in Victoria in the area of Law of Contracts.
SchoolLa Trobe Law School
Credit points15
Subject Co-ordinatorSteven Geroe
Available to Study Abroad StudentsYes
Subject year levelYear Level 5 - Masters
Exchange StudentsYes
Subject particulars
Subject rules
Prerequisites LAW5CNA
Co-requisitesN/A
Incompatible subjects LAW2CTB, LAW2CCL, LAW2CCC
Equivalent subjectsN/A
Special conditions Must be admitted to Juris Doctor degree or have permission from Law Director of Programs or delegate
Learning resources
Readings
| Resource Type | Title | Resource Requirement | Author and Year | Publisher |
|---|---|---|---|---|
| Readings | Cheshire & Fifoot's Law of Contract | Prescribed | Seddon, N; Bigwood, R; Ellinghaus, M | Lexis Nexis Butterworths |
| Media | Recorded presentations | Prescribed | Various | La Trobe University |
| Readings | Consumer Protection Law in Australia | Recommended | Bruce, A | Lexis Nexis Butterworths |
Graduate capabilities & intended learning outcomes
01. To develop an advanced and integrated understanding of common law principles at law and in equity and principles of statutory interpretation in the field of contract law.
- Activities:
- 1. Utilisation of lecture and seminar materials 2. Completion of prescribed reading 3. Preparation for seminars and completion of written seminar-based tasks 4. Completion of written assessments
- Related graduate capabilities and elements:
- Inquiry and Analytical Skills(Critical Thinking,Creative Problem-solving)
- Discipline -Specific Knowledge and Skills(Discipline-Specific Knowledge and Skills)
02. To critically evaluate and apply common law precedents, legislative provisions, principles and theories of contract law in the implementation of legal problem solving
- Activities:
- 1. Utilisation of lecture and seminar materials 2. Completion of prescribed reading 3. Preparation for seminars and completion of written seminar-based tasks 4. Completion of written assessments
- Related graduate capabilities and elements:
- Inquiry and Analytical Skills(Critical Thinking,Creative Problem-solving)
- Discipline -Specific Knowledge and Skills(Discipline-Specific Knowledge and Skills)
03. To research, analyse critically, reflect on and synthesise common and law and equitable principles of contract law, theories of contract law and academic and judicial commentary in writing on contract law reform.
- Activities:
- 1. Utilisation of lecture and seminar materials 2. Completion of prescribed reading 3. Preparation for seminars and completion of written seminar-based tasks 4. Completion of written assessments
- Related graduate capabilities and elements:
- Inquiry and Analytical Skills(Critical Thinking,Creative Problem-solving)
- Discipline -Specific Knowledge and Skills(Discipline-Specific Knowledge and Skills)
04. To develop legal writing regarding contract law that uses sequenced, focused professional and scholarly structure, employs accurate and precise legal referencing, and a disciplinary and professional vocabulary with close adherence to the grammatical conventions.
- Activities:
- 1. Utilisation of lecture and seminar materials 2. Completion of prescribed reading 3. Preparation for seminars and completion of written seminar-based tasks 4. Completion of written assessments
- Related graduate capabilities and elements:
- Literacies and Communication Skills(Writing)
- Inquiry and Analytical Skills(Critical Thinking,Creative Problem-solving)
- Discipline -Specific Knowledge and Skills(Discipline-Specific Knowledge and Skills)
05. To develop the knowledge and skills to form the basis for autonomy, expert judgement, adaptability and responsibility as a practitioner in the field of contract law.
- Activities:
- 1. Utilisation of lecture and seminar materials 2. Completion of prescribed reading 3. Preparation for seminars and completion of written seminar-based tasks 4. Completion of written assessments
- Related graduate capabilities and elements:
- Inquiry and Analytical Skills(Critical Thinking,Creative Problem-solving)
- Inquiry and Analytical Skills(Critical Thinking,Creative Problem-solving)
- Discipline -Specific Knowledge and Skills(Discipline-Specific Knowledge and Skills)
Subject options
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City Campus, 2016, Semester 2, Blended
Overview
Online enrolmentYes
Maximum enrolment sizeN/A
Enrolment information
Subject Instance Co-ordinatorSteven Geroe
Class requirements
SeminarWeek: 31 - 43
Twelve 2.0 hours seminar per week on weekdays during the day from week 31 to week 43 and delivered via face-to-face.
SeminarWeek: 31 - 43
Two 4.0 hours seminar per study period on weekends during the day from week 31 to week 43 and delivered via face-to-face.
Lecture/FilmWeek: 31 - 43
Four 4.0 hours lecture/film per study period on any day including weekend during the day from week 31 to week 43 and delivered via online.
Assessments
| Assessment element | Comments | % | ILO* |
|---|---|---|---|
| Mid semester research essay (2500 words) | 40 | 01, 02, 03, 04, 05 | |
| Final examination of three hours' duration (notionally 3000 words) | 60 | 01, 02, 03, 05 |