DescriptionStudents develop an ability to read, understand and apply the law of contract through the study of decided cases and contractual terms. Although this unit also studies legislation that impacts on contract law in Australia, most of the law is found in common law cases so this is the primary material it focuses on. The unit begins with an examination of the rules relating to the formation, terms and construction of contractual terms. This includes concepts of offer and acceptance, intention to create legal relations, privity and contract formalities. Students understand the need for sufficiency of consideration and the operation and consequences of estoppel. They continue mapping the life of a contract by investigating how contracts come to an end through agreement, performance, breach and repudiation, and frustration of contract. Although contract remedies will be studied in a dedicated Remedies unit, students are introduced to restitutionary claims for unjust enrichment. They study the provisions in national consumer legislation (the Australian Consumer Law) that impact on the law of contract, in particular the law of misleading or deceptive conduct. Students analyse case law, extract legal principles from judicial decisions and clearly state them, and analyse and solve hypothetical legal problems relating to the topics covered.
Class activities may include an introduction to resolution of contractual disputes.