Torts and Contracts II (LAWS1017)

UNIT OF STUDY

This unit aims to develop the integrated study of the law of civil obligations and remedies. The laws of tort and contract frequently overlap in practice and many situations to which the common law applies are also increasingly regulated by statute. It 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) 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). Concurrent, proportionate and vicarious liability; (c) 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 some comparative study; (e) Concurrent, proportionate and vicarious liability. 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.

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Further unit of study information

Classes

1x2hr lecture and 1x1hr tutorial/week

Assessment

2000wd assignment (30%) and tutorial participation (10%) and 2hr exam (60%).

Faculty/department permission required?

No

Unit of study rules

Prerequisites and assumed knowledge

(LAWS1010 or LAWS1012) and LAWS1015

Prohibitions

LAWS5006

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Non-award/non-degree study

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.

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Cross-institutional study

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.

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