Torts and Contracts II (LAWS1017)
UNIT OF STUDY
This unit aims to develop the integrated study of some key parts of the law of civil obligations and remedies. The laws of tort and contract frequently overlap in practice. Many situations to which the common law applies are also increasingly regulated by statute. This course builds on the introduction to tort law and contract law which students acquired in Torts and Contracts respectively. It will include the study of more advanced topics in both areas and consider the impact of related statutes. Core topics are:
(a) Remoteness of damage in contract and the calculation of damages for breach of contract;
(b) Vitiating factors and other factors affecting contracts, including: unfair or unconscionable dealing; unfair terms in contracts; mistake; duress; and undue influence. This topic includes a study of equitable principles and statutory rights and remedies (such as those under the Australian Consumer Law).
(c) Concurrent, proportionate liability of multiple wrongdoers and the law relating to vicarious liability;
(d) Liability (and remedies) for misrepresentation in tort and contract and for misleading or deceptive conduct under statute (in particular, under s 18 of the Australian Consumer Law);
(d) Liability for negligently inflicted economic loss in tort, including liability for negligent misstatement, liability for economic loss suffered by third parties to a contract, liability for defective construction, and some study of comparative approaches in other jurisdictions.
Other topics may be studied to the extent class time allows. These topics may include: the intentional economic torts; tort remedies for interference with goods; breach of statutory duty; illegality in contract.
Further unit of study information
1x2hr lecture and 1x1hr tutorial/week from week 2
2000wd assignment (30%) and tutorial participation (10%) and 2hr exam (60%).
Faculty/department permission required?
Unit of study rules
Prerequisites and assumed knowledge
(LAWS1010 or LAWS1012) and LAWS1015
Study this unit outside a degree
If you wish to undertake one or more units of study (subjects) for your own interest but not towards a degree, you may enrol in single units as a non-award student.
If you are from another Australian tertiary institution you may be permitted to underake cross-institutional study in one or more units of study at the University of Sydney.