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LAWS1017 - Torts and Contracts II
Faculty of Law (Sydney Law School) - 6 credit points
HECS Band three
Domestic Fee: $4,387
International Fee: $5,237
EFTSL: 0.125000000
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Department: Law
Offered session(s): 2, 11
Prerequisites: (LAWS1010 or LAWS1012) and LAWS1015
Prohibitions: LAWS5006
Teacher/Coordinator: Prof Barbara McDonald

Classes: 1x2hr lecture and 1x1hr tutorial/week

Assessment: 2000wd assignment (30%) and tutorial participation (10%) and 2hr exam (60%).

This unit aims to develop the integrated study of the law of civil obligations and remedies. The laws of tort and contract frequently overlap in practice and many situations to which the common law applies are also increasingly regulated by statute. It 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 the impact of related statutes. Core topics are:
(a) Damages for breach of contract;
(b) 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).
Concurrent, proportionate and vicarious liability;
(c) Liability (and remedies) for misrepresentation in tort and contract and for misleading or deceptive conduct under statute (in particular, under s 18 of the Australian Consumer Law);
(d) Liability for negligently inflicted economic loss in tort, including some comparative study;
(e) Concurrent, proportionate and vicarious liability.

Other topics may be studied to the extent class time allows. These topics may include: the intentional economic torts; tort remedies for interference with goods; breach of statutory duty; illegality in contract.
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