Learn how contracts operate as risk management tools by examining the legal principles arising in the formation, construction and discharge of contracts. This unit will provide students with an understanding of remedies available for breach of contract and factors that may vitiate a contract. The unit prepares students for a range of units** across postgraduate programs in commercial law, corporate, securities and finance law and international business law where a basic understanding of contractual law principles is valuable. Unit content includes: contract as a risk management device; formation of contracts: agreement, consideration, intention to create legal relations, certainty, privity, formalities; construction principles: contractual parties, contractual terms (express and implied), classifying terms, principles of interpretation; estoppel; vitiating factors: misrepresentation, misleading and deceptive conduct, unconscionable conduct, mistake, duress; discharge: performance, breach, termination and frustration; remedies: key statutory and common law remedies. ** excluding the following advanced contract law units available to law graduates only: LAWS6809 Breach of Contract, LAWS6872 Contract Negotiation, LAWS6851 Construction Law, LAWS6915 Current Issues in Defamation Law, LAWS6954 Financial Risk Allocation in Equity, LAWS6903 Interpreting Commercial Contracts, LAWS6969 Principles of Patent Law, LAWS6919 Problems in Contract Formation and units as listed in the Faculty Handbook.
Apr 17, 18 & May 8, 9 (9-5)
assignment (30%) and take-home exam (70%)
John Carter, Carter's Guide to Australian Contract Law, 3nd edn, LexisNexis, 2016
This unit is only available to non-law graduates who have not undertaken any previous study of contract law. Students who have previously completed a law degree or studies in contract law are encouraged to enrol in LAWS6328 Contract Management. This unit is also available to MLLR students who commenced after Jan 2015. Academic Profile https://sydney.edu.au/law/about/our-visitors.html. The unit is also available on a Continuing Professional Development basis https://sydney.edu.au/law/study-law/continuing-professional-development.html
LAWS1002 or LAWS1015 or LAWS2008 or LAWS5002