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Monash University Handbook 2010 Postgraduate - Unit

6 points, SCA Band 3, 0.125 EFTSL

FacultyFaculty of Law
OfferedCity (Melbourne) Trimester 2 2010 (Day)
City (Melbourne) Trimester 3 2010 (Day)
Coordinator(s)Mr Richard Naughton (T2-58, T3-58), Dr Rebecca Giblin (T3-58)


Contract law addresses the broad concepts, principles and rules used to determine the content of binding promises and as appropriate, their defeasibility or enforcement in a market economy. Topics will include termination, frustration, remedies (including damages, penalties, debt, restitution and equitable relief), vitiating factors (mistakes, misrepresentation, misleading and deceptive conduct,; vitiating factors (unconscientious transactions, third party impropriety, statutory unconsicionability) review of historical elements; theories of contract and policy considerations.


On completion of this unit students will have:

  1. acquired an understanding of certain fundamental concepts of the common law of contract, including, termination of contract and remedies for breach of contract;
  2. acquired a familiarity with the principal Federal and State legislation affecting contracts and the ability to analyse and apply this legislation to contractual situations;
  3. A well-developed ability to extract and evaluate principles from primary and secondary law sources (cases, statutes, textbooks, articles and other writings about contract law);
  4. developed the ability to analyse disputes arising from a contractual relationship and to give appropriate advice to clients involved in such disputes;
  5. further developed skills in case law analysis and statutory interpretation;
  6. the ability to use these principles and rules to solve selected problems in examinations and other settings;
  7. a well-developed understanding of the dynamic nature of the law of contract


Either One research assignment (2,500 words): 30%
One legal problem solving assignment (2,500 words): 30% (To be determined by the Chief Examiner), and
One 2 hour (plus 30 minutes reading time) examination: 70%
Changes taking effect from Trimester 2, 2009

Chief examiner(s)

Mr Richard Naughton (Trimester 2)
Dr Rebecca Giblin (Trimester 3)

Contact hours

24 Hours