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.
Daytime stream: 1 x 2 hr tutorials and 1 x 2hr lecture, except for weeks 1 and 5 where there are 2 x 2hr lectures. Evening stream: 1x3hr seminar/wk for 13 weeks.
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%).
(LAWS5000 or LAWS1006) and (LAWS5001 or LAWS1012) and (LAWS5002 or LAWS1015)Prohibitions