Course overview
This subject is a foundation subject for law postgraduate subjects taken in the Master of Business Law, Master of Comparative Law, and Master of Property.
The subject commences with an introduction to Australian law and its legal system, including:
- legal system taxonomy, including public and private law, other families of legal systems, including the international legal system and the common law/civil law divide;
- the historical background and the development of the Australian legal system;
- the roles of the courts in Australia, court processes and hierarchies in Australia and the operation of the doctrine of precedent;
- the separation of powers in Australia; and
- the legislative system in Australia, law making processes and statutory interpretation.
Through a consideration of the law of contract, students will be introduced to issues of supremacy of law (legislation vs common law), The following topics will be covered:
- creation and content of a contract (formation, privity, and terms);
- performance and discharge of obligations (performance, breach, frustration, variation and discharge by agreement); and
- remedies (enforcement and compensation)
Course learning outcomes
- Analyse the foundational principles of Australian law, including the development and operation of common law, precedent and court hierarchy, and the roles of parliament and the courts, and the role of the law of contract in particular, within the Australian legal system, undertake legal research with primary and secondary materials, and evaluate legal information
- Apply Australian law and legal theories, and in particular the law of contract, to complex issues, and critique the operation of the law from a policy perspective, either individually or as part of a team
- Structure and sustain concise and cohesive written arguments about case analysis, statutory interpretation and contract law for a legal audience
- Develop case reading and analysis skills essential for legal research
- Conduct and analyse legal research, and write advice on the basis of that research
- Analyse the impact of Australian law generally, and contract law in particular, from both policy and practical perspectives, and in the context of social and cultural diversity