MONASH UNIVERSITY FACULTY HANDBOOKS

Law Handbook 1996

Published by Monash University
Clayton, Victoria 3168, Australia

Authorised by Academic Registrar, April 1996


LAW2100

Contract 200

Mr L Morris and Associate Professor W Weerasooria

0 points + Three 1-hour lectures per week and one 1-hour tutorial per fortnight + Full-year subject + Clayton

Objectives At the conclusion of the course students will be able to (1) read and analyse cases and statutes affecting agreements; (2) communicate in writing and orally about the legal implications and effects of agreements; (3) understand the operation of crucial principles of law regulating agreements; (4) demonstrate an ability to advise on the legal implications and effects of a given fact situations concerning an agreement and to interpret an agreement; (5) deal with simple problems in drafting agreements such as the need to reflect the understanding of the parties to it and to avoid legal disputes; (6) question the appropriateness of legal principles affecting agreements by reference to the nature and objectives of agreements and the circumstances in which they are made; (7) consider the impact of legal principles concerning agreements on groups within society and society at large; and (8) examine the law of contract, or aspects of it, from one or more theoretical perspectives.

Synopsis Formation of a contract. Terms of contract. Discharge of contract. Remedies. Factors which vitiate a contract, such as misrepresentation, mistake, unconscionability and illegality. Theoretical perspectives are introduced at appropriate points in the course and related to particular contractual doctrines and underlying principles.

Assessment Class test (50 minutes): 15% + Drafting or research exercise or second class test: 15% + Final examination (3.5 hours): 70%

Texts


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