Monash University Handbook 2010 Postgraduate - Unit

Synopsis

Contract law addresses the broad concepts, principles and rules used to determine the content of binding promises and as appropriate, their defeasibility or enforcement in a market economy. Topics will include termination, frustration, remedies (including damages, penalties, debt, restitution and equitable relief), vitiating factors (mistakes, misrepresentation, misleading and deceptive conduct,; vitiating factors (unconscientious transactions, third party impropriety, statutory unconsicionability) review of historical elements; theories of contract and policy considerations.

Objectives

On completion of this unit students will have:

1. acquired an understanding of certain fundamental concepts of the common law of contract, including, termination of contract and remedies for breach of contract;
2. acquired a familiarity with the principal Federal and State legislation affecting contracts and the ability to analyse and apply this legislation to contractual situations;
3. A well-developed ability to extract and evaluate principles from primary and secondary law sources (cases, statutes, textbooks, articles and other writings about contract law);
4. developed the ability to analyse disputes arising from a contractual relationship and to give appropriate advice to clients involved in such disputes;
5. further developed skills in case law analysis and statutory interpretation;
6. the ability to use these principles and rules to solve selected problems in examinations and other settings;
7. a well-developed understanding of the dynamic nature of the law of contract

Assessment

Either One research assignment (2,500 words): 30%
OR
One legal problem solving assignment (2,500 words): 30% (To be determined by the Chief Examiner), and
One 2 hour (plus 30 minutes reading time) examination: 70%
Changes taking effect from Trimester 2, 2009

Chief examiner(s)

Mr Richard Naughton (Trimester 2)
Dr Rebecca Giblin (Trimester 3)

Contact hours

24 Hours

Prerequisites

LAW7212
LAW7079
LAW7428

Co-requisites

Nil

Prohibitions

LAW7265