Overview

The following areas are covered in this topic: The concept of a contract and its functions, including broad theories underpinning contract law; formation, performance and discharge of contracts; the nature of contractual terms and their interpretation; privity of contract; common law and equitable remedies for breach of contract; the doctrine … For more content click the Read More button below.

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Tuition pattern

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Aims

This topic aims to:

  • Provide students with a sound knowledge and understanding of the applicable principles on the nature, formation, content, interpretation, performance, and discharge of contracts, including a specific focus on the role of good faith in negotiation, performance and termination of contracts
  • Provide students with an understanding and critical evaluation of the role of unconscionability in contract law, particularly in relation to the control of contractual unfairness, either in its own right, or through the related concepts of duress, undue influence, and misinformation
  • Provide students with a sound knowledge and understanding of the applicable common law and equitable remedies for breach of contract

Learning outcomes

On completion of this topic you will be expected to be able to:
1.
Identify, describe and apply common law and equitable principles on formation, performance and discharge of contracts, and the nature of contractual terms and their interpretation, as well as common law and equitable remedies for breach of contracts
2.
Explain how legislative, common law and equitable principles are used to resolve contractual disputes
3.
Critically evaluate the role played by concepts such as 'unconscionability', 'good faith' and 'fairness' in the enforcement of contractual obligations
4.
Examine and evaluate contract law principles within the commercial, social and historical context
5.
Recognise and identify the correct contractual issues and related ethical dilemmas within a factual scenario, and be able to use appropriate forms of legal reasoning and analysis to explain, in clear and persuasive style, reasoned solutions to issues arising from such scenarios
6.
Explain and provide a critical evaluation of some of the theoretical and policy frameworks used by courts and writers in relation to the facilitation and regulation of contractual relations

Assessments

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Requisites information

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