CONTRACT LAW B
LAW2CTB
2018
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 Victorian Legal Admissions Board to practice in Victoria in the area of Law of Contracts. The subject contains the La Trobe Innovation and Entrepreneurship Essential , that requires students to: Understand and experience complexities of change; Generate and manage new ideas, in ways that include partnerships and collaboration; and Synthesise knowledge, prioritise action and manage risks.
SchoolLa Trobe Law School
Credit points15
Subject Co-ordinatorBalu Rao
Available to Study Abroad StudentsYes
Subject year levelYear Level 2 - UG
Exchange StudentsYes
Subject particulars
Subject rules
Prerequisites LAW1LIM and LAW2CTA and (LAW2TOT or LAW2TOR) AND Admission into; LBLX - Bachelor of Laws (Complementary) LVLGE ;LVLGEB Bachelor of Laws LVLUE ;LVLUEB Bachelor of Laws LWLAS Bachelor of Laws/Bachelor of Asian Studies LWLAT;LWLATB Bachelor of Laws/Bachelor of Arts LWLBUSB Bachelor of Laws/Bachelor of Business LWLEE Bachelor of Laws/Bachelor of Electronic Engineering LWLINT Bachelor of Laws/Bachelor of International Relations LWLMC Bachelor of Laws/Bachelor of Media and Communication LWLPY;LWLPYB Bachelor of Laws/Bachelor of Psychological Science LWLSC;LWLSCB Bachelor of Laws/Bachelor of Science LZCOML Bachelor of Commerce/Bachelor of Laws LZCRL;LZCRLB Bachelor of Criminology/Bachelor of Laws LWLFI Bachelor of Laws / Bachelor of Finance LWLF Bachelor of Laws/Bachelor of Finance LWLM Bachelor of Laws/Bachelor of Media LWLA LWLAC Bachelor of Laws/Bachelor of Accounting LWLBUS Bachelor of Laws/Bachelor of Business LWLE LWLEC Bachelor of Laws/Bachelor of Economics LWLIR Bachelor of Laws/Bachelor of International Relations LWLFI Laws/Finance LWLAC Laws/Accounting LWLBUS (BU) Laws/Business
Co-requisitesN/A
Incompatible subjects LAW2CCL and LAW2CCC
Equivalent subjectsN/A
Special conditionsN/A
Readings
| Resource Type | Title | Resource Requirement | Author and Year | Publisher |
|---|---|---|---|---|
| Readings | Consumer Protection Law in Australia | Prescribed | Alex Bruce, 2013 | Lexis Nexis |
| Readings | Principles of Australian Contract Law | Prescribed | J Gooley, R Radan, I Vickovich, 2013 | Lexis Nexis |
Graduate capabilities & intended learning outcomes
01. Ability to analyse common law principles at law and in equity.
- Activities:
- Online learning activities, in-class problem-solving activities, formative problem-solving assessment and final exam.
- Related graduate capabilities and elements:
- Literacies and Communication Skills (Writing,Quantitative Literacy)
- Inquiry and Analytical Skills (Critical Thinking,Creative Problem-solving,Inquiry/Research)
- Inquiry and Analytical Skills (Critical Thinking,Creative Problem-solving,Inquiry/Research)
- Personal and Professional Skills (Autonomy and independence,Ethical behaviour,Adaptability Skills,Study and Learning Skills)
- Personal and Professional Skills (Autonomy and independence,Ethical behaviour,Adaptability Skills,Study and Learning Skills)
- Personal and Professional Skills (Autonomy and independence,Ethical behaviour,Adaptability Skills,Study and Learning Skills)
- Personal and Professional Skills (Autonomy and independence,Ethical behaviour,Adaptability Skills,Study and Learning Skills)
02. Ability to interpret statutory provisions and associated case law relating to contracts.
- Activities:
- Online learning activities, in-class problem-solving activities, formative problem-solving assessment and final exam.
- Related graduate capabilities and elements:
- Literacies and Communication Skills (Writing,Quantitative Literacy)
- Inquiry and Analytical Skills (Critical Thinking,Creative Problem-solving,Inquiry/Research)
- Inquiry and Analytical Skills (Critical Thinking,Creative Problem-solving,Inquiry/Research)
- Inquiry and Analytical Skills (Critical Thinking,Creative Problem-solving,Inquiry/Research)
- Personal and Professional Skills (Autonomy and independence,Ethical behaviour,Adaptability Skills,Study and Learning Skills)
- Personal and Professional Skills (Autonomy and independence,Ethical behaviour,Adaptability Skills,Study and Learning Skills)
- Personal and Professional Skills (Autonomy and independence,Ethical behaviour,Adaptability Skills,Study and Learning Skills)
- Personal and Professional Skills (Autonomy and independence,Ethical behaviour,Adaptability Skills,Study and Learning Skills)
03. Ability to use legal problem-solving skills to compose a legal opinion which applies the appropriate common law and statutory principles to facts.
- Activities:
- Online learning activities, in-class problem-solving activities, formative problem-solving assessment and final exam.
- Related graduate capabilities and elements:
- Literacies and Communication Skills (Writing,Quantitative Literacy)
- Inquiry and Analytical Skills (Critical Thinking,Creative Problem-solving,Inquiry/Research)
- Inquiry and Analytical Skills (Critical Thinking,Creative Problem-solving,Inquiry/Research)
- Inquiry and Analytical Skills (Critical Thinking,Creative Problem-solving,Inquiry/Research)
- Personal and Professional Skills (Autonomy and independence,Ethical behaviour,Adaptability Skills,Study and Learning Skills)
- Personal and Professional Skills (Autonomy and independence,Ethical behaviour,Adaptability Skills,Study and Learning Skills)
- Personal and Professional Skills (Autonomy and independence,Ethical behaviour,Adaptability Skills,Study and Learning Skills)
- Personal and Professional Skills (Autonomy and independence,Ethical behaviour,Adaptability Skills,Study and Learning Skills)
04. Ability to critically analyse the social, economic and ethical context within which the law relating to commercial and consumer contracts operates.
- Activities:
- Online learning activities, in-class problem-solving activities, formative problem-solving assessment and final exam.
- Related graduate capabilities and elements:
- Literacies and Communication Skills (Writing,Quantitative Literacy)
- Literacies and Communication Skills (Writing,Quantitative Literacy)
- Inquiry and Analytical Skills (Critical Thinking,Creative Problem-solving,Inquiry/Research)
- Inquiry and Analytical Skills (Critical Thinking,Creative Problem-solving,Inquiry/Research)
- Inquiry and Analytical Skills (Critical Thinking,Creative Problem-solving,Inquiry/Research)
- Personal and Professional Skills (Autonomy and independence,Ethical behaviour,Adaptability Skills,Study and Learning Skills)
- Personal and Professional Skills (Autonomy and independence,Ethical behaviour,Adaptability Skills,Study and Learning Skills)
- Personal and Professional Skills (Autonomy and independence,Ethical behaviour,Adaptability Skills,Study and Learning Skills)
- Personal and Professional Skills (Autonomy and independence,Ethical behaviour,Adaptability Skills,Study and Learning Skills)
05. Ability to identify the outcomes arising from alternative arguments and to argue strategically on the basis of the needs of a client in a fictional scenario, including identification of the opportunities and risks of these alternative arguments.
- Activities:
- Online-learning activities, in-class problem-solving activities, formative problem-solving assessment and final exam.
- Related graduate capabilities and elements:
- Literacies and Communication Skills (Writing,Quantitative Literacy)
- Inquiry and Analytical Skills (Critical Thinking,Creative Problem-solving,Inquiry/Research)
- Inquiry and Analytical Skills (Critical Thinking,Creative Problem-solving,Inquiry/Research)
- Inquiry and Analytical Skills (Critical Thinking,Creative Problem-solving,Inquiry/Research)
- Personal and Professional Skills (Autonomy and independence,Ethical behaviour,Adaptability Skills,Study and Learning Skills)
- Personal and Professional Skills (Autonomy and independence,Ethical behaviour,Adaptability Skills,Study and Learning Skills)
- Personal and Professional Skills (Autonomy and independence,Ethical behaviour,Adaptability Skills,Study and Learning Skills)
- Personal and Professional Skills (Autonomy and independence,Ethical behaviour,Adaptability Skills,Study and Learning Skills)
Subject options
Select to view your study options…
Bendigo, 2018, Semester 2, Blended
Overview
Online enrolmentYes
Maximum enrolment sizeN/A
Enrolment information
Subject Instance Co-ordinatorBalu Rao
Class requirements
Lecture
Week:
31
-
43
Eight 2.0 hours lecture per study period
on weekdays
during the day
from week 31 to week 43
and delivered via blended.
"A mix of face-to-face and online lectures. Face-to-face lectures delivered in Bundoora video-conferenced to Bendigo and scheduled for Weeks 1, 2, 4, 5, 7, 9, 11 and 12."
Tutorial
Week:
32
-
43
One 1.0 hours tutorial per week
on weekdays
during the day
from week 32 to week 43
and delivered via face-to-face.
Unscheduled Online Class
Week:
31
-
43
Four 2.0 hours unscheduled online class 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* |
|---|---|---|---|
| 2 hour open book examination with 15 minute reading time 2,000 words | 50 | 01, 02, 03, 04 | |
| Problem solving task requiring composition of a legal opinion 1800 words | 35 | 01, 03, 04, 05 | |
| Online activities to be completed via LMS 800 Words | 15 | 01, 02, 03, 04, 05 |
Melbourne, 2018, Semester 2, Blended
Overview
Online enrolmentYes
Maximum enrolment sizeN/A
Enrolment information
Subject Instance Co-ordinatorBalu Rao
Class requirements
Lecture
Week:
31
-
43
Eight 2.0 hours lecture per study period
on weekdays
during the day
from week 31 to week 43
and delivered via blended.
"A mix of face-to-face and online lectures. Face-to-face lectures delivered in Bundoora video-conferenced to Bendigo and scheduled for Weeks 1, 2, 4,5,7,9,11 and 12"
Tutorial
Week:
32
-
43
One 1.0 hours tutorial per week
on weekdays
during the day
from week 32 to week 43
and delivered via face-to-face.
Unscheduled Online Class
Week:
31
-
43
Four 2.0 hours unscheduled online class 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* |
|---|---|---|---|
| 2 hour open book examination with 15 minute reading time 2,000 words | 50 | 01, 02, 03, 04 | |
| Problem solving task requiring composition of a legal opinion 1800 words | 35 | 01, 03, 04, 05 | |
| Online activities to be completed via LMS 800 Words | 15 | 01, 02, 03, 04, 05 |