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LAWS1204 Outline 2014

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Outline for LAWS1204
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    ANU COLLEGE OF LAW   COURSE STUDY GUIDE   CONTRACTS   LAWS1204  Semester 2, 2014   LAWS1204 CONTRACT LAW STUDY GUIDE Page 2 1. Contact Information Role: Course Convenor Name: Dilan Thampapillai Room: 259 Telephone: 6125 3624 Email: dilan.thampapillai@anu.edu.au Consultation times: Monday 10-12 and 2-4pm and Wednesday 2-4pm The contact Information for Tutors will be available from the Course Wattle site from Week 1. 2. Class Schedule Lectures: Day: Monday Time: 4-6pm Room: MCC T1 Day: Wednesday Time: 4-5pm Room: MCC T1 Beginning in Week 1 there will be a 2 hour lecture held on Mondays between 4-6pm and a one-hour lecture on Wednesdays 4-5pm in the Manning Clark Centre in Lecture Theatre 1. The lectures will be recorded. Tutorials Students will be required to enroll in a tutorial group in Week 1. Tutorials will be open for enrolment on Wattle from 2pm on Monday, 21 July, 2014 and will close at 5pm on Friday, 25 July, 2014. You must ensure that you have enrolled in one of the tutorials during this time. Tutorials will begin in Week 2. Further details about the tutorial times and rooms are available from the Wattle course page. Tutorials will be interactive, giving you the opportunity to work through problems and questions applying the information and knowledge gained from the set readings and work done in the seminars. Course Wattle Site  The course Wattle site is an integral part of the delivery of this course and is used continuously throughout the semester. You will need to check the site regularly to download lecture notes,   LAWS1204 CONTRACT LAW STUDY GUIDE Page 3 access additional resources and to read announcements. Please read the unit policy on online communications before using the discussion forum on the Wattle site. 3. Texts and Materials The prescribed books for the course are: (i) Thampapillai, Tan & Bozzi, Contract Law: Text and Cases  , 1 st  ed 2012, Oxford University Press; and (ii) Paterson, Duke, Robertson, Principles of Contract Law, 4th   ed, 2012, LawBook. The other main Australian contract textbooks are: Seddon, N, Bigwood R and Ellinghaus, M, Cheshire & Fifoot's Law of Contract 10th Aust. ed., LexisNexis Butterworths, 2012. Carter J, Contract Law in Australia , 6 th  edn, LexisNexis Butterworths, 2012. Carter J, Cases and Materials on Contract Law in Australia , 6 th  edn, LexisNexis Butterworths, 2012. Greig, D W and Davis, J L R, The Law of Contract, Law Book Co., 1987, with Fifth Cumulative Supplement, Law Book Co., 1993. Access to materials These textbooks are available in the Law Library and a number of copies are in the short-loan section of the Law Library. Material will also be posted to the course website on Wattle so you need to check this site regularly. 4. Preliminary Reading Please read Chapter 1 and Chapter 2 of Thampapillai, Tan and Bozzi. 5. Course Description and Rationale The Contracts course is one of the foundation subjects in the LLB and JD programs. It examines a central aspect of the law of obligations. In this course we look at the criteria for making legally enforceable promissory obligations and the legal issues surrounding those obligations. The requirements for the formation of a binding contract are examined together with the content of agreements. This involves an examination of the associated rules and doctrines used to ascertain the meaning and scope of the obligations expressly or impliedly undertaken by the parties to a contract. We will also be looking at breach of contract and its consequences, including a consideration of the remedies available at common law and in equity. The law of contract is also affected and influenced by a range of other legal doctrines and statutory measures, notably the doctrines of estoppel, duress, undue influence and unconscionable conduct and the statutory prohibition on misleading or deceptive conduct.   LAWS1204 CONTRACT LAW STUDY GUIDE Page 4 Contract law is an important foundation for other compulsory and elective courses taken later in the degree including Property, Equity, Intellectual Property, Restrictive Trade Practices, Consumer Law and Commercial Law. 6. Course Objectives and Expected Learning Outcomes The objectives of this course are to introduce students to the basic rules of the law of contract, its commercial, social and historical context. The course is structured and delivered in a way that aims to help you understand many of the issues which may arise in a contractual setting. Consistent with student-centred learning, the course is directed towards achieving the following student learning outcomes:   the acquisition of a detailed knowledge of the principles of contract law covered in this subject and the ability to demonstrate understanding of the development of these principles;   the ability to apply this knowledge and understanding to hypothetical fact scenarios in order to identify legal issues in such a scenario and provide preliminary advice to a hypothetical client on the strengths and weaknesses of the client’s case ;   the ability to communicate clearly both orally and in writing your knowledge and understanding of the principles of contract law covered and the way in which that knowledge is applied to address hypothetical problems involving the topics covered in the course;   the ability to demonstrate where relevant an understanding of the theoretical underpinnings of the topics covered;  At the conclusion of this course you should be able to:   demonstrate an understanding of the fundamental principles of the law of contract;   construct a legal argument on contract law based on the case law;   identify the relevant legal issues that arise on a given set of facts in the area of contract law;   where applicable, distinguish the facts in decided cases from those in a given set of facts; build this into an argument; and structure an answer to a problem question in a logical and coherent manner; 7. Course Content Knowledge and Skills  As noted above, the course covers contract formation, the construction and interpretation of contracts, breach of contract and its consequences and the impact on the law of contract of equitable doctrines and of statutes. This course will effectively be divided into four parts: (i) formation; (ii) terms; (iii) vitiating factors and (iv) termination and breach. Students will be expected to gain a sound knowledge of the doctrines that exist under each of the four parts of Contract Law. The skills on which we will be focussing are the skills of identifying legal issues; reading case law (‘reading actively and for a particular purpose’); and writing preliminary advice on the application of relevant law to a set of facts. Work in tutorials will include working through hypothetical fact scenarios. You will need to read actively the cases and materials indicated on the course outline and on the course Wattle page in preparation for your seminars and tutorials. In working through the hypothetical problems, you will need to apply the cases
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