CONTRACT LAW B
LAW2CTB
2015
Credit points: 15
Subject outline
In this subject, students will examine a range of circumstances in which contractual assent has been overridden, giving rise to the potential for relief at common law or in equity. Students will address the statutory measures that have been implemented to supplement the common law approach. By this examination, students will develop their problem-solving skills and expand them to legal problems involving statute. This subject also reinforces skills in case analysis and expands case-reading to cases involving the application of the Australian Consumer Law. Students will also consider the role of policy in the development of common law and statute.This subject, in combination with Contract Law A, meets the requirements of the Council of Legal Education for admission to practice in Victoria in the area of Law of Contracts.
School: La Trobe Law School
Credit points: 15
Subject Co-ordinator: Lola Akin Ojelabi
Available to Study Abroad Students: Yes
Subject year level: Year Level 2 - UG
Exchange Students: Yes
Subject particulars
Subject rules
Prerequisites: LAW1LIM and (LAW2TOT or LAW2TOR) and (LAW2CTA or LAW2CNT)
Co-requisites: N/A
Incompatible subjects: LAW2CCL and LAW2CCC
Equivalent subjects: N/A
Special conditions: Must be admitted to any Bachelor of Laws UG degree or have permission from Law Director of Programs
Learning resources
Readings
| Resource Type | Title | Resource Requirement | Author and Year | Publisher |
|---|---|---|---|---|
| Readings | Cheshire and Fifoot's Law of Contract Law 2012 | Prescribed | M.P.Ellinghaus and N.C.Seddon | LEXISNEXIS, 10TH EDN |
| Readings | Annotated Competition and Consumer Legislation | Recommended | Ray Steinwall | LEXISNEXIS LATEST ED. |
Graduate capabilities & intended learning outcomes
01. Describe and analyse common law principles at law and in equity and interpret statutory provisions relating to contracts and, using legal problem-solving skills, compose a legal opinion which applies the appropriate laws to facts
- Activities:
- Face to face presentations and workshops, tutorials, online key concept presentations, online strategic case presentations, online self-testing quiz materials to support active reading techniques, diagrams and flow charts, powerpoint slides and Prezi demonstrations accompanying presentations, video examples, problem-solving presentations, assessment.
- Related graduate capabilities and elements:
- Creative Problem-solving(Creative Problem-solving)
- Inquiry/ Research(Inquiry/ Research)
- Critical Thinking(Critical Thinking)
- Writing(Writing)
02. Describe and critically analyse the social, economic and ethical context within which the law relating to commercial and consumer contracts operates
- Activities:
- Face to face presentations and workshops, tutorials, online key concept presentations, online quiz materials to support active reading techniques, research assessment.
- Related graduate capabilities and elements:
- Writing(Writing)
- Inquiry/ Research(Inquiry/ Research)
- Creative Problem-solving(Creative Problem-solving)
- Critical Thinking(Critical Thinking)
03. Explain and apply the case law and provisions of the Australian Consumer Law (ACL) and other relevant legislation relating to unfair conduct, statutory implied terms and consumer guarantees as they apply to fact situations
- Activities:
- Face to face presentations and workshops, tutorials, online key concept presentations, online strategic case presentations, online self-testing quiz materials to support active reading techniques, diagrams and flow charts, powerpoint slides and Prezi demonstrations accompanying presentations, video examples, problem-solving presentations, assessment.
- Related graduate capabilities and elements:
- Writing(Writing)
- Inquiry/ Research(Inquiry/ Research)
- Critical Thinking(Critical Thinking)
- Creative Problem-solving(Creative Problem-solving)
Bendigo, 2015, Semester 2, Day
Overview
Online enrolment: Yes
Maximum enrolment size: N/A
Enrolment information:
Subject Instance Co-ordinator: Lola Akin Ojelabi
Class requirements
LectureWeek: 31 - 43
One 2.0 hours lecture per week on weekdays during the day from week 31 to week 43 and delivered via blended.
TutorialWeek: 31 - 43
One 1.0 hours tutorial per week on weekdays during the day from week 31 to week 43 and delivered via face-to-face.
Assessments
| Assessment element | Comments | % | ILO* |
|---|---|---|---|
| 1 hour open book examination with 15 minute reading time | 30 | 03 | |
| Problem Solving Task requiring composition of a legal opinion and letter to a client This requires i | To be submitted online through the LMS and marked online. Feedback provided online through comments on each paper, through model answers and through general comment | 35 | 01, 03 |
| Research Task utilising online research tools requiring critical analysis of the social, economic an | Submitted online Feedback provided online through comments on each paper, through model answers and through general comment | 35 | 01, 02 |
Melbourne, 2015, Semester 2, Day
Overview
Online enrolment: Yes
Maximum enrolment size: N/A
Enrolment information:
Subject Instance Co-ordinator: Lola Akin Ojelabi
Class requirements
LectureWeek: 31 - 43
One 2.0 hours lecture per week on weekdays during the day from week 31 to week 43 and delivered via face-to-face.
TutorialWeek: 31 - 43
One 1.0 hours tutorial per week on weekdays during the day from week 31 to week 43 and delivered via face-to-face.
Assessments
| Assessment element | Comments | % | ILO* |
|---|---|---|---|
| 1 hour open book examination with 15 minute reading time | 30 | 03 | |
| Problem Solving Task requiring composition of a legal opinion and letter to a client This requires i | To be submitted online through the LMS and marked online. Feedback provided online through comments on each paper, through model answers and through general comment | 35 | 01, 03 |
| Research Task utilising online research tools requiring critical analysis of the social, economic an | Submitted online Feedback provided online through comments on each paper, through model answers and through general comment | 35 | 01, 02 |