Obligations

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 considers the nature and foundations of the law of obligations through the study of four different categories of obligation:

• Obligations arising from exchange transactions (contracts);
• The obligation not to mislead or deceive in trade or commerce (misleading conduct);
• The obligation not to cause harm through inconsistent conduct (estoppel);
• The obligation to restore unjust gains (restitution or unjust enrichment).

Topics will include:

• The nature of private law obligations and the relationship between obligations and property;
• The nature and foundations of contractual obligations;
• The formation of contracts (the requirements of agreement, consideration, intention to create legal relations, certainty and capacity);
• Formalities and the creation of equitable interests in property;
• The doctrine of privity (by whom and against whom contractual obligations are enforceable);
• The statutory wrong of misleading or deceptive conduct in trade or commerce;
• The principles of estoppel (the nature of equity, equitable and common law estoppel and the creation of property interests by way of estoppel);
• The law of unjust enrichment (the nature of the law of restitution, money claims, claims in respect of services and defences).
  

The aim of this subject is for students to develop an understanding of the foundations of the law of obligations 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 understand the nature and structure of the law of obligations and be able to:

• Analyse and challenge the basis of decisions recognising or denying private law obligations;
• 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 legal and equitable principles and statutory obligations and analyse particular problems from a range of theoretical and/or comparative perspectives.

• 1,500-word reflective essay, due in Week 12 of semester (30%);
• 3-hour supervised examination (restricted materials) scheduled during the examination period (70%).
  

• Paterson, Robertson & Duke, Contract: Cases and Materials (11th ed, 2009)
• Printed materials will be available from 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.