LAW5CNB

CONTRACT LAW B

LAW5CNB

2018

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-ordinatorOz Susler

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
Readings	Consumer Protection Law in Australia	Recommended	Bruce, A	Lexis Nexis Butterworths

Graduate capabilities & intended learning outcomes

01. Demonstrate 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:: Literacies and Communication Skills(Writing); Inquiry and Analytical Skills(Critical Thinking,Creative Problem-solving); Discipline -Specific Knowledge and Skills(Discipline-Specific Knowledge and Skills)

02. Critically evaluate and apply common law precedents, legislative provisions, principles and theories of contract law in 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:: Literacies and Communication Skills(Writing); 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)

03. Undertake research, analyse critically, reflect on and synthesise common law and equitable principles and theories of contract law and academic and judicial commentary 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:: Literacies and Communication Skills(Writing); 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)

05. Demonstrate 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:: Literacies and Communication Skills(Writing); 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, 2018, Semester 2, Blended

Overview

Online enrolmentYes

Maximum enrolment sizeN/A

Enrolment information

Subject Instance Co-ordinatorOz Susler

Class requirements

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.

SeminarWeek: 31 - 43
One 2.0 hours seminar per week on weekdays during the day from week 31 to week 43 and delivered via face-to-face.
"Saturday, 26 August 10am - 2pm and Saturday, 2 September 2017, 10am - 2pm"

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*
Problem solving task (2500 words)		35	01, 02, 03, 05
Take-home examination (3000 words)		50	01, 02, 03, 05
Online activities to be completed on LMS	Details will be provided to students during the first class and available on LMS at the start of semester.	15	01, 02, 05

City Campus, 2018, Semester 1, Blended