|Teacher/Coordinator: Dr Wayne Courtney|
Classes: 1x2-hr lecture and 1x1-hr tutorial/week
Assessment: 2000wd assignment (30%) and tutorial participation (10%) and 2hr exam (60%).
|The laws of tort and contract frequently overlap in practice and are increasingly regulated by statute. This unit aims to develop the integrated study of the law of obligations and remedies. It builds on the introduction to tort 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 the impact of related statutes. Core topics are:|
(a) Concurrent, proportionate and vicarious liability;
(b) Liability (and remedies) for misrepresentation in tort and contract and for misleading conduct under statute (in particular, under s 18 of the Australian Consumer Law);
(c) Liability for negligently inflicted economic loss in tort, including some comparative study;
(d) Damages for breach of contract; and
(e) Vitiating factors and other factors affecting contracts, including: unfair or unconscionable dealing; unfair terms in contracts; mistake; duress; and undue influence. This topic includes a study of equitable principles and statutory rights and remedies (such as those under the Australian Consumer Law).
Other topics will be studied to the extent class time allows. These topics may include: tort remedies for interference with goods; breach of statutory duty; public nuisance; and illegality in contract.