Torts and Contracts II (LAWS5006)
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. Equitable principles also play an important role in providing remedies in a contractual context. Further, many situations in which the common law applies are 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 such as the Australian Consumer Law. Core topics are:
(a) Causation and remoteness of damage principles in contract law 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 and misrepresentation; 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) Liability and remedies 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 rather than the primary victim, liability for defective construction;
(e) Joint and several liability and proportionate liability regimes in cases of multiple wrongdoers or multi party transactions and the law relating to vicarious liability for the torts of others.
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.
Our courses that offer this unit of study
Further unit of study information
Daytime stream: 1x2hr lecture and 1x1hr lecture for 10 weeks and 1x1hr tutorial/wk for 9 weeks.
Evening stream: 1x3hr seminar/wk for 13 weeks.
Daytime stream: 2000wd assignment (30%), class participation (10%) and final 2hr closed-book exam (70%). Evening stream: 1hr interim exam (25%) and 2hr closed-book final exam (75%).
Faculty/department permission required?
Unit of study rules
(LAWS5000 or LAWS1006) and (LAWS5001 or LAWS1012) and (LAWS5002 or 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.