Contract Law 2

Overview

The unit builds on the foundational skills and knowledge obtained in Contract Law 1. This unit provides students with a continuing study on the topics affecting contractual enforceability under common law and statute, which includes duress, undue influence, unconscionable conduct and unfair contracts. It also examines contractual principles dealing with performance, the discharge or termination contracts, and the relevant remedies available at common law and in equity for breach of contracts.

Unit learning outcomes

Students who successfully complete this unit will be able to:

1. Demonstrate an understanding of the fundamental principles and rules governing vitiating factors in contracts, performance and discharge of contracts, and remedies for breach of contracts in Australian contract law
2. Identify, interpret, and apply legal principles to synthesise and evaluate fact scenarios and use professional judgement to generate practical, well-reasoned, and appropriate responses amongst alternative arguments at common law, in equity and under statuary
3. Provide well-substantiated legal analysis and advice to clients and other stakeholders on contractual issues and problems
4. Critique the broad theoretical basis of the law of contract and its social and policy context
5. Conduct contract law research independently and collaboratively by utilising both primary and secondary sources to develop well-founded legal arguments, and be able to communicate these arguments effectively and persuasively

Teaching methods

Hawthorn

Assessment

Content

•          Duress
•          Undue influence
•          Unconscionable transactions
•          Unfair contracts
•          Discharge by performance
•          Discharge by agreement
•          Discharge by breach
•          Discharge by frustration
•          Damages for breach of contract
•          Action for a fixed sum and debt
•          Equitable remedies