Contracts

This subject has the following teaching availabilities in 2010:

For the purposes of considering requests for Reasonable Adjustments under the Disability Standards for Education (Cwth 2005), and Students Experiencing Academic Disadvantage Policy, academic requirements for this subject are articulated in the Subject Description, Subject Objectives, Generic Skills, and Assessment Requirements of this entry.

The University is dedicated to providing support to those with special requirements. Further details on the disability support scheme can be found at the Disability Liaison Unit website: http://www.services.unimelb.edu.au/disability/.

This subject studies:

• The content of contracts;
• Invalidating factors in contract formation; and
• The termination of contracts.

The study of content includes express terms and implied terms. The study of invalidating factors includes misinformation (mistake, misrepresentation, misleading conduct), abuse of power (duress, undue influence, third party impropriety, unconscionable dealing, unconscionable conduct) and illegality. The study of termination includes termination for breach, for failure of condition and by frustration, and includes some consideration of the proprietary consequences of contracts.

The aim of this subject is for students to develop an understanding of the foundations of the law of contract through close reading of cases, statutes and scholarly writing and through participation in class discussion. It is expected that on completion of the subject students should have a sound understanding of the law relating to the identification and interpretation of contract terms, and the grounds on which a contract can be rescinded or terminated, and will be able to:

• Analyse and challenge the basis of relevant contract law decisions;
• Identify relevant principles in cases and statutes;
• Apply those principles to particular fact situations to reach well-reasoned conclusions about the rights and obligations of the parties in those fact situations;
• Develop creative arguments as to ways in which the relevant principles could be applied to novel fact situations; and
• Evaluate relevant principles and analyse particular problems from a range of theoretical and/or comparative perspectives.

Take Home Examination (100%).

• Prescribed text and or Printed materials from the Melbourne Law School

This subject is not available as a breadth subject.

On completion of the subject, students should have developed the following generic skills:

• Attitudes towards knowledge that include valuing truth, openness to new ideas and ethics associated with knowledge creation and usage;
• The capacity for close reading and analysis of a range of sources;
• The capacity for critical and independent thought and reflection;
• The capacity to solve problems, including through the collection and evaluation of information;
• The capacity to communicate, both orally and in writing;
• The capacity to plan and manage time.