Outline

Overview

This unit will explore a number of contentious issues arising in the law of civil obligations and remedies. It will revise and build on the fundamentals in the areas of torts, contracts and equity and place particular emphasis on the interaction of these three fields of the law. Particular topics and problems will involve issues of: causation and scope of liability; controlling liability by contract; tort duties to third parties to contracts; assessing loss; duties of good faith; fiduciary duties and conflicts.

Unit details and rules

Academic unit	Law
Credit points	6
Prerequisites ?	None
Corequisites ?	None
Prohibitions ?	None
Assumed knowledge ?	Available to law graduates only
Available to study abroad and exchange students	No

Teaching staff

Coordinator	Elisabeth Peden, elisabeth.peden@sydney.edu.au

Assessment

The census date for this unit availability is 7 August 2026

Details
Criteria

Type	Description	Weight	Due	Length	Use of AI
Contribution	Class Participation (10%) General Class Participation	10%	Ongoing	Ongoing	AI allowed
Outcomes assessed:
Out-of-class quiz	Early Feedback Task (0%) Online Quiz	0%	Week -03 Due date: 03 Jul 2026 at 23:59	Five multiple choice quiz questions	AI allowed
Outcomes assessed:
Written work	Case Note (25%) Short Release Assignment	25%	Week -03 Due date: 29 Jun 2026 at 23:59 Closing date: 06 Jul 2026	1,500 words / 5 days	AI allowed
Outcomes assessed:
Written work	Research Essay Scaffold (0%) Research Essay Outline	0%	Week 02 Due date: 27 Jul 2026 at 23:59 Closing date: 27 Jul 2026	No more than 1,000 words / 2 weeks	AI allowed
Outcomes assessed:
Written work	Research Essay (65%) Research Essay	65%	Week 08 Due date: 07 Sep 2026 at 23:59 Closing date: 14 Sep 2026	5,500 words / 8 weeks	AI allowed
Outcomes assessed:
= early feedback task ?

Assessment summary

Early Feedback Task (0%)
This unit includes an early feedback task that is designed to provide students with timely insights into their understanding and engagement with the unit content. The early feedback task in this unit is an online quiz with five multiple choice quiz questions. The task will be available on Canvas from Wednesday 1 July 2026 at 9:00AM (Sydney Australia time) to Friday 3 July 2026 at 11:59PM (Sydney Australia time). It will be tailored to reflect students' reading and understanding of a prescribed case. Students will be provided with immediate automated feedback upon completion of the task.

Class Participation (10%)
Students will be assessed on the quality of participation to class discussion over the course of the intensive. Due to the class size, this will take the form of general class participation.

Case Note on an assigned case (25%)
Word Limit: 1,500 words
In order to ensure that students have engaged in the close reading of at least one case prior to the commencement of the classes, students must write a 1,500 word casenote on one of the cases on a list to be provided. Students will be allocated the case upon which they will write their casenote. The purpose of the casenote is not merely to summarise the facts and the reason in the case. Students should consider issues such as:

Placing the decision in its broader legal or media context;
The impact of the case, in practice or in principle;
The potential implications of the case;
The novelty or significance of the case or the issues in it.

This list is neither prescriptive nor exhaustive. Students will be advised as to the case they have been allocated via Canvas notice. Students must write on the case they are assigned. Students cannot swap cases or write on a different case to the one allocated.

Case notes must be submitted to the Canvas assignment dropbox by 11:59PM on Monday 29 June 2026 (Sydney, Australia time). Students are advised that their casenotes will not be marked anonymously, as students may be called on in class to discuss the issues raised in their casenotes.

Research Essay Scaffold (0%)
Word Limit: No more than 1,000 words
All students must submit a research essay scaffold for their final compulsory research essay. Research essay topics will be circulated on the final day of the intensive (Friday 10 July 2026). If students wish to complete a research essay on one of the given topics, they will need to prepare and submit a scaffold, which contains the following elements:

An abstract of no more than 100 words summarising the argument of the essay;
A more detailed overview of the essay’s outline, argument and methodology of no more than 500 words; and
A list of cases, statutes and secondary materials you have consulted in the preparation of your proposal and which you will use in your essay. This list does not need to be exhaustive. Rather, this list simply needs to demonstrate that you have undertaken appropriate, preliminary research for your topic.

If students are interested in a particular topic and wish to devise their own research proposal for their essay, they are free to do so in consultation with Justice Peden during the intensive. The proposal must relate to a topic of media law connected to defamation, privacy, breach of confidence, contempt of court or some other legal issue touched upon in this unit of study and should adopt a comparative perspective. Students who devise their own topic must prepare and submit a scaffold for their research essay topic. The scaffold for such students should contain the following elements:

A title of no more than 20 words which is sufficiently descriptive of the essay;
A clearly defined question which the essay will attempt to address;
An abstract of no more than 100 words summarising the argument of the essay;
A more detailed overview of the essay’s outline, argument and methodology of no more than 500 words; and
A list of cases, statutes and secondary materials you have consulted in the preparation of your proposal and which you will use in your essay. This list does not need to be exhaustive. Rather, this list simply needs to demonstrate that you have undertaken appropriate, preliminary research for your topic.

All research essay scaffolds must be submitted no later than 11:59PM on Monday 27 July 2026 (Sydney, Australia time). Students may only write a research essay on a topic of their own choosing if they have their topic and their scaffold approved by Justice Peden. Please be advised that, if students wish to develop their own research essay topic in consultation with Justice Peden, their research essays will not be marked anonymously.

Research Essay (65%)
Word Limit: 5,500 words
Students will also be required to complete a 5,500 word research essay. A list of topics will be circulated during the final class on Friday 10 July 2026.

All research essays on set research topics will be marked anonymously. Students must submit their research essays to the relevant Canvas assignment dropbox by 11:59PM on Monday 7 September 2026 (Sydney, Australia time).

Students are advised that they should retain any pre-submission drafts and working notes until results are released, as they may be called upon to produce them at any meeting requested by the unit of study coordinator.

Students must include a bibliography with their casenotes and essays. Bibliographies are not included in the word count.

If students use AI in any assessment in this unit, they must include a statement in each assessment indicating the AI tools used; the tool name and version; the publisher and URL; and a brief description of how the AI tools were used. The AI inputs and outputs must also be included as an appendix. If students do not use AI, they do not need to include a statement to this effect. Statements as to AI use are not included in the word count.

Word limit penalty: A piece of assessment which exceeds the prescribed word limit will attract a penalty of 10% of the total marks available for the piece of assessment for every 100 words, or part thereof. The total word count for essay and other written assessments will exclude all footnotes and any bibliography (if required), and exclude acknowledgements of assistance from editors, automated writing tools or generative AI (where use is permitted).

Referencing: The Sydney Law School expects you to use the Australian Guide to Legal Citation (4th edition, 2018) for your footnoting style, although you should confirm this with your lecturer. A link to the library website where this is set out comprehensively is available at Referencing and Citation Styles: AGLC4.

Special consideration: Successful grants of special consideration may involve alternative tasks, as appropriate.

Assessment requirements to pass a unit of study: A student must make a genuine attempt at all assessment tasks set out in this unit of study in order to obtain a Pass mark and grade (or above); otherwise an Absent Fail grade will be recorded as the student’s result for this unit of study. As the EFT is an early diagnostic tool, this task is not included in the final grade for the unit.

Assessment criteria

The University awards common result grades, set out in the Coursework Policy 2021 (Schedule 1).

As a general guide, a high distinction indicates work of an exceptional standard, a distinction a very high standard, a credit a good standard, and a pass an acceptable standard.

Result name	Mark range	Description
High distinction	85 - 100	Completely answers the question. Contains striking originality of approach or analysis. Demonstrates exhaustive or innovative research (where independent research required). Exceptionally well written, structured and expressed. Is otherwise exceptional in some way.
Distinction	75 - 84	Completely answers the question. Achieves a critical and evaluative approach to the issues. Content and structure is well organised in support of the argument. Demonstrates extensive research and analysis to support a well-documented argument. Generally well expressed and free from errors. Has a clear structure and is well articulated.
Credit	65 - 74	Covers main issues fairly well in answering the question. Contains no significant errors Demonstrates an attempted critical approach to the issues. Demonstrates reasonably sound research and analysis in addressing the key issues. Has a clear structure and reasonably clear expression.
Pass	50 - 64	Identifies the key issues, but does not follow through with a reasoned argument. Contains some significant errors. Displays satisfactory engagement with the key issues. Offers descriptive summary of material relevant to the question. Superficial use of material, and may display a tendency to paraphrase. Demonstrates little evidence of in-depth research or analysis. Adequate expression. Overall, demonstrates the minimum level of competence in the assessment and satisfies the requirements to proceed to higher-level studies in the degree or subject area.
Fail	0 - 49	Does not answer the question. Contains significant or numerous errors. Few or no identifiable arguments. Content that is inappropriate or irrelevant. Lack of research or analysis. Difficult or impossible to understand through poor grammar, expression or structure. Overall, does not demonstrate the minimum level of competence in the assessment.

For more information see Guide to Grades.

For more information see guide to grades.

Use of generative artificial intelligence (AI)

You can use generative AI tools for open assessments. Restrictions on AI use apply to secure, supervised assessments used to confirm if students have met specific learning outcomes.

Refer to the assessment table above to see if AI is allowed, for assessments in this unit and check Canvas for full instructions on assessment tasks and AI use.

If you use AI, you must always acknowledge it. Misusing AI may lead to a breach of the Academic Integrity Policy.

Visit the Current Students website for more information on AI in assessments, including details on how to acknowledge its use.

Late submission

In accordance with University policy, these penalties apply when written work is submitted after 11:59pm on the due date:

Deduction of 5% of the maximum mark for each calendar day after the due date.
After ten calendar days late, a mark of zero will be awarded.

This unit has an exception to the standard University policy or supplementary information has been provided by the unit coordinator. This information is displayed below:

The late submission of a piece of assessment, without an approved extension, will attract a penalty of 10% of the total marks available for the piece of assessment per 24 hours or part thereof, after the due time on the due date. Penalties for late submission will be applied strictly.

Academic integrity

The University expects students to act ethically and honestly and will treat all allegations of academic integrity breaches seriously.

Our website provides information on academic integrity and the resources available to all students. This includes advice on how to avoid common breaches of academic integrity. Ensure that you have completed the Academic Honesty Education Module (AHEM) which is mandatory for all commencing coursework students

Penalties for serious breaches can significantly impact your studies and your career after graduation. It is important that you speak with your unit coordinator if you need help with completing assessments.

Visit the Current Students website for more information on AI in assessments, including details on how to acknowledge its use.

Learning support

Simple extensions

If you encounter a problem submitting your work on time, you may be able to apply for an extension of five calendar days through a simple extension.  The application process will be different depending on the type of assessment and extensions cannot be granted for some assessment types like exams.

Special consideration

If exceptional circumstances mean you can’t complete an assessment, you need consideration for a longer period of time, or if you have essential commitments which impact your performance in an assessment, you may be eligible for special consideration or special arrangements.

Special consideration applications will not be affected by a simple extension application.

Using AI responsibly

Co-created with students, AI in Education includes lots of helpful examples of how students use generative AI tools to support their learning. It explains how generative AI works, the different tools available and how to use them responsibly and productively.

Support for students

The Support for Students Policy reflects the University’s commitment to supporting students in their academic journey and making the University safe for students. It is important that you read and understand this policy so that you are familiar with the range of support services available to you and understand how to engage with them.

The University uses email as its primary source of communication with students who need support under the Support for Students Policy. Make sure you check your University email regularly and respond to any communications received from the University.

Learning resources and detailed information about weekly assessment and learning activities can be accessed via Canvas. It is essential that you visit your unit of study Canvas site to ensure you are up to date with all of your tasks.

If you are having difficulties completing your studies, or are feeling unsure about your progress, we are here to help. You can access the support services offered by the University at any time:

Support and Services (including health and wellbeing services, financial support and learning support)
Course planning and administration
Meet with an Academic Adviser

Weekly schedule

WK	Topic	Learning activity
Week -02	Day 1: Contract variations and extensions; Commercial Contract Minimalism; Restitution: Comparative Perspectives; Exercise of termination rights	Seminar (6.5 hr)
	Day 2: The Negligence Liability of Public Authorities; The concept of an ‘Intangible Thing’; Explaining Tort and Crime;	Seminar (6.5 hr)
	Day 4: The Unity of Interpretation; Choice of Law in Tort: Comparing Australia, Hong Kong and Singapore, and England; Relational Contracts; Hypothetical	Seminar (6.5 hr)
	Day 5: Exclusion clauses at common law; Unconscionable conduct and unfair practices; Indemnities; Course wrap-up; Completion of the student feedback survey for this unit of study	Seminar (6.5 hr)

Attendance and class requirements

Attendance: All students are required to attend at least 70% of classes to satisfy the pass requirements for each unit of study. Failure to meet this requirement may result in a student being precluded from undertaking the final assessment.

For units offered in Intensive mode, participation in all scheduled sessions may be expected by a Unit Coordinator in order to satisfy the requirements of the unit.

Study commitment

Typically, there is a minimum expectation of 1.5-2 hours of student effort per week per credit point for units of study offered over a full semester. For a 6 credit point unit, this equates to roughly 120-150 hours of student effort in total.

Required readings

The Reading Guide will be available on Canvas.

Learning outcomes

Learning outcomes are what students know, understand and are able to do on completion of a unit of study. They are aligned with the University's graduate qualities and are assessed as part of the curriculum.

Outcomes
Graduate qualities

At the completion of this unit, you should be able to:

LO1. Identify and describe to an advanced level the fundamental and advanced concepts and controversies underlying civil obligations and remedies.
LO2. Critically analyse some of the practical difficulties of applying settled and developing concepts in practice.
LO3. Critically evaluate the potential for the law to develop further on the topics studied in this unit.
LO4. Deploy relevant legal research methodologies to independently research the application of the law and communicate findings clearly and concisely.

Graduate qualities

The graduate qualities are the qualities and skills that all University of Sydney graduates must demonstrate on successful completion of an award course. As a future Sydney graduate, the set of qualities have been designed to equip you for the contemporary world.

GQ1	Depth of disciplinary expertise Deep disciplinary expertise is the ability to integrate and rigorously apply knowledge, understanding and skills of a recognised discipline defined by scholarly activity, as well as familiarity with evolving practice of the discipline.
GQ2	Critical thinking and problem solving Critical thinking and problem solving are the questioning of ideas, evidence and assumptions in order to propose and evaluate hypotheses or alternative arguments before formulating a conclusion or a solution to an identified problem.
GQ3	Oral and written communication Effective communication, in both oral and written form, is the clear exchange of meaning in a manner that is appropriate to audience and context.
GQ4	Information and digital literacy Information and digital literacy is the ability to locate, interpret, evaluate, manage, adapt, integrate, create and convey information using appropriate resources, tools and strategies.
GQ5	Inventiveness Generating novel ideas and solutions.
GQ6	Cultural competence Cultural Competence is the ability to actively, ethically, respectfully, and successfully engage across and between cultures. In the Australian context, this includes and celebrates Aboriginal and Torres Strait Islander cultures, knowledge systems, and a mature understanding of contemporary issues.
GQ7	Interdisciplinary effectiveness Interdisciplinary effectiveness is the integration and synthesis of multiple viewpoints and practices, working effectively across disciplinary boundaries.
GQ8	Integrated professional, ethical, and personal identity An integrated professional, ethical and personal identity is understanding the interaction between one’s personal and professional selves in an ethical context.
GQ9	Influence Engaging others in a process, idea or vision.

Outcome map

Learning outcomes	Graduate qualities
Learning outcomes

Responding to student feedback

This section outlines changes made to this unit following staff and student reviews.

Changes to topics and assessment regime

Disclaimer

Important: the University of Sydney regularly reviews units of study and reserves the right to change the units of study available annually. To stay up to date on available study options, including unit of study details and availability, refer to the relevant handbook.

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

Current students

Overview

Overview

Unit details and rules

Teaching staff

Assessment

Assessment

Assessment summary

Assessment criteria

Use of generative artificial intelligence (AI)

Late submission

Academic integrity

Learning support

Learning support

Simple extensions

Special consideration

Using AI responsibly

Support for students

Weekly schedule

Weekly schedule

Attendance and class requirements

Study commitment

Required readings

Learning outcomes

Learning outcomes

Graduate qualities

Outcome map

Responding to student feedback

Responding to student feedback

Disclaimer

On this page

Useful links

LAWS6947: Advanced Obligations and Remedies

Intensive July - August, 2026 [Block mode] - England

Overview

Overview

Unit details and rules

Teaching staff

Assessment

Assessment

Assessment summary

Assessment criteria

Use of generative artificial intelligence (AI)

Late submission

Academic integrity

Learning support

Learning support

Simple extensions

Special consideration

Using AI responsibly

Support for students

Weekly schedule

Weekly schedule

Attendance and class requirements

Study commitment

Required readings

Learning outcomes

Learning outcomes

Graduate qualities

Outcome map

Responding to student feedback

Responding to student feedback

Disclaimer

On this page

Useful links