Skip to main content
Unit of study_

Torts and Contracts II - LAWS5006

This unit aims to develop the integrated study of the law of civil obligations and remedies. Liabilities in tort, contract and under statute frequently overlap in practice. Equitable principles also play an important role in providing remedies in a contractual context. 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 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 as well as common law 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) Trespass to Land including damage by aircraft (e) Nuisance; (f) Intentional Interference with goods; (g) Negligence Liability for property damage and pure 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; (h) Proportionate liability where it applies to tort, contract and statutory liabilities. Other topics may be studied to the extent class time allows. These topics may include: the intentional economic torts such as deceit; breach of statutory duty; illegality in contract.

Classes
Daytime stream: 1x2hr lecture and 1x1hr lecture and 1x1hr tutorial/wk for 10 weeks.for 10 weeks. Evening stream: 1x3hr seminar/wk for 13 weeks.

Assessment
Daytime stream: Mid semester closed book exam 1.5 hours (40%), tutorial participation (10%) and final closed-book exam (60%). Evening stream: 45 min interim test (20%) and 2hr closed-book final exam (80%).

Pre-requisites

(LAWS5000 or LAWS1006) and (LAWS5001 or LAWS1012) and (LAWS5002 or LAWS1015)

Prohibitions

LAWS1017

Details

Faculty: Sydney Law School

Intensive July

24 Jun 2019

Department/School: Law
Study Mode: Block mode
Census Date: 19 Jul 2019
Unit of study level: Postgraduate
Credit points: 6.0
EFTSL: 0.125
Available for study abroad and exchange: No
Faculty/department permission required? No
Location
Camperdown
Faculty: Sydney Law School

Semester 2

05 Aug 2019

Department/School: Law
Study Mode: Normal (lecture/lab/tutorial) evening
Census Date: 31 Aug 2019
Unit of study level: Postgraduate
Credit points: 6.0
EFTSL: 0.125
Available for study abroad and exchange: No
Faculty/department permission required? No
Location
Camperdown
Faculty: Sydney Law School

Semester 2

05 Aug 2019

Department/School: Law
Study Mode: Normal (lecture/lab/tutorial) day
Census Date: 31 Aug 2019
Unit of study level: Postgraduate
Credit points: 6.0
EFTSL: 0.125
Available for study abroad and exchange: No
Faculty/department permission required? No
Location
Camperdown
More details
Unit of Study coordinator: Professor Barbara McDonald (daytime stream), Mr Ross Anderson (evening stream)
HECS Band: 3
Courses that offer this unit

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. Cross-institutional study If you are from another Australian tertiary institution you may be permitted to undertake cross-institutional study in one or more units of study at the University of Sydney.

To help you understand common terms that we use at the University, we offer an online glossary.