Contracts 2 is a core compulsory course. This reflects the fact that a good grounding in the basic principles of the law of contract is a fundamental element in any legal education. Like tort law, contract law is one aspect of the law of obligations. Contract law is the study of legal obligations voluntarily assumed. Contract principles govern many important areas of daily life and are the foundation of many other branches of law. A sound understanding of the principles of contract law is essential to any law student as so many other subjects are built on that foundation. In legal practice, the principles of contract law underpin many important areas of practice. Contracts 2 is essentially a continuation of Contracts 1.
To ensure that students gain a sound understanding of a number of basic principles of the law of contract together with some understanding of the associated remedies at common law and (to a lesser extent) in equity
To encourage students to understand the method of the common law. This course should help students to observe and learn the common law technique: determining to what extent precedent binds; differentiating ratio from obiter; adopting appropriate analogies; distinguishing between apparently similar factual situations; identifying the disguised leeways of choice in judicial decision; and developing new law (when required) incrementally
To stimulate students to examine the law of contract in a social context. This may involve comparing the economic and social conditions in which the principles were developed with present conditions; noting the interests protected in both theory and practice; observing any changes in the social function performed by the law of contract over time. Students should develop wider perspectives on existing legal doctrines
Main Topics
Terms (including implied terms)
Interpretation (including the parol evidence rule and exclusion clauses)
Misrepresentation (including the Trade Practices and Fair Trading Acts)