Develops an understanding of the law of contract and the enforceability of contractual obligations in the contemporary contexts of Australian and international commercial relations. The unit deals with the common law and statutory principles of contract law including the elements of enforceable agreement; the functions of contract; the construction and interpretation of terms; terms implied in contracts; formalities for making contracts; factors affecting enforceability including, misrepresentation, duress, undue influence, unconscionability and illegality; privity; and discharge and remedies for breach of contract. Topics such as quasi-contract and the internationalisation of modern contract law are discussed. These principles are considered critically to enable students to recognise the values inherent in contemporary contract law, the possible directions for future development of contract law and the issues of fairness in modern contract law.
The unit also aims to develop study skills in library research, problem solving and case briefing which improves students' capacity to synthesise complex legal arguments. Students will also be introduced to basic legal drafting in contract. Skills of decision making and the exercise of judgment will be developed in the tutorial program. The importance of effective negotiations leading up to contracts and the nature of the existence of alternative dispute resolution mechanisms will be discussed.