Monash University Handbook 2011 Undergraduate - Unit

Refer to the specific census and withdrawal dates for the semester(s) in which this unit is offered.

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. Contract B builds on Contract A (which mainly covers formation, terms and construction of terms of contract). Contract B focuses on three main areas, namely

1. Ending of Contracts (by discharge, termination & frustration)
2. Remedies at common law, in equity and under statutes (including damages, specific performance, injunction, and rescission)
3. Vitiating Factors (such as misrepresentation, misleading and deceptive conduct, mistake, duress, undue influence unconscionability under the general law and under statutes, and unfair terms.

Objectives

At the conclusion of the unit, students should have achieved the following learning outcomes:

1. a coherent, critical and policy-aware understanding of the principles and rules of the law of contract regarding termination and frustration of contracts, remedies and vitiating factors;
2. a well developed ability to extract and evaluate the relevant principles and rules from primary and secondary law sources (cases, statutes, textbooks, articles and other writings about contract law);
3. a well developed ability to use these principles and rules to solve selected problems in examinations and other settings;
4. a well developed understanding of the dynamic nature of the law of contract;
5. a reasonable level of understanding of trajectories for further evolution of contract law's principles and rules.

Assessment

Optional legal problem solving assignment (2000 words) (40%);

Examination (2 hours writing time plus 30 minutes reading and noting time): 60% (for those who undertake the optional assignment) or 100% for all other students.

Chief examiner(s)

Dr Sirko Harder

Contact hours

Three hours of lectures per week and one hour tutorial per week from weeks 6-12.

Prerequisites

LAW1100 OR LAW1101 and LAW1102 or LAW1104; LAW2101

Co-requisites

LAW1100 or LAW1101 and LAW1102 or LAW1104

Prohibitions

LAW2100