LAWCOMM 465 : Theories of Contract Law
Law
2021 Semester One (1213) (15 POINTS)
Course Prescription
Course Overview
How should we approach controversial questions in contract law? Should we aim to set the rule that leads to the most efficient outcome? Should we use contract law to promote other socially desirable ends? Or should we refrain from using contract law for achieving any sort of goal or purpose, simply respecting entitlements rooted in individual liberty? Different theories offer different answers to these questions, each leading to a unique vision of what contract law is and to different outcomes in actual cases. This course explores in an approachable way the main schools of normative thought in contemporary contract law theory. It will introduce libertarian, liberal, utilitarian, and distributive justice visions of contract law, and will consider their implications in a range of topics, including contract formation, contractual interpretation, and remedies.
Course Requirements
Capabilities Developed in this Course
| Capability 1: | Disciplinary Knowledge and Practice |
| Capability 2: | Critical Thinking |
| Capability 4: | Communication and Engagement |
| Capability 6: | Social and Environmental Responsibilities |
Learning Outcomes
- Demonstrate an understanding of the main schools of contract law theory. (Capability 1.1, 1.3 and 2.1)
- Articulate and discuss the values that underpin different theoretical schools and are embodied in different practical solutions. (Capability 2.2 and 6.3)
- Apply the main theoretical approaches to questions of design and interpretation of contract law rules. (Capability 1.3 and 2.1)
- Relate the various theories of contract law to relevant social, economic, and political positions. (Capability 1.1, 1.3 and 6.3)
- Articulate and discuss theoretical positions relating to contract law. (Capability 2.2 and 4.1)
Assessments
| Assessment Type | Percentage | Classification |
|---|---|---|
| Summary Essay | 65% | Individual Coursework |
| Reflection paper 1 | 15% | Individual Coursework |
| Reflection paper 2 | 15% | Individual Coursework |
| Quiz | 5% | Individual Coursework |
| 4 types | 100% |
| Assessment Type | Learning Outcome Addressed | |||||||||
|---|---|---|---|---|---|---|---|---|---|---|
| 1 | 2 | 3 | 4 | 5 | ||||||
| Summary Essay | ||||||||||
| Reflection paper 1 | ||||||||||
| Reflection paper 2 | ||||||||||
| Quiz | ||||||||||
Workload Expectations
This is a standard 15-point course. There will be around 36 hours of lectures in this course. As a general guide, you should expect a workload of three hours outside of the classroom for each hour spent in class. The guideline for the total workload for this course is 150 hours.
Delivery Mode
Campus Experience
Attendance is expected at scheduled activities.
Lectures will be available as recordings, but regular attendance is strongly encouraged.
Attendance on campus is not required for any of the assessments.
The activities for the course are scheduled as a standard weekly timetable.
Student Feedback
At the end of every semester students will be invited to give feedback on the course and teaching through a tool called SET or Qualtrics. The lecturers and course co-ordinators will consider all feedback and respond with summaries and actions.
Your feedback helps teachers to improve the course and its delivery for future students.
Class Representatives in each class can take feedback to the department and faculty staff-student consultative committees.
Digital Resources
Course materials are made available in a learning and collaboration tool called Canvas which also includes reading lists and lecture recordings (where available).
Please remember that the recording of any class on a personal device requires the permission of the instructor.
Academic Integrity
The University of Auckland will not tolerate cheating, or assisting others to cheat, and views cheating in coursework as a serious academic offence. The work that a student submits for grading must be the student's own work, reflecting their learning. Where work from other sources is used, it must be properly acknowledged and referenced. This requirement also applies to sources on the internet. A student's assessed work may be reviewed against online source material using computerised detection mechanisms.
Inclusive Learning
All students are asked to discuss any impairment related requirements privately, face to face and/or in written form with the course director, lecturer or tutor.
Student Disability Services also provides support for students with a wide range of impairments, both visible and invisible, to succeed and excel at the University. For more information and contact details, please visit the Student Disability Services’ website http://disability.auckland.ac.nz
Special Circumstances
If your ability to complete assessed coursework is affected by illness or other personal circumstances outside of your control, contact a Student Academic and Support Adviser as soon as possible before the assessment is due.
If your personal circumstances significantly affect your performance, or preparation, for an exam or eligible written test, refer to the University’s aegrotat or compassionate consideration page https://www.auckland.ac.nz/en/students/academic-information/exams-and-final-results/during-exams/aegrotat-and-compassionate-consideration.html.
This should be done as soon as possible and no later than seven days after the affected test or exam date.
Learning Continuity
In the event of an unexpected disruption we undertake to maintain the continuity and standard of teaching and learning in all your courses throughout the year. If there are unexpected disruptions the University has contingency plans to ensure that access to your course continues and your assessment is fair, and not compromised. Some adjustments may need to be made in emergencies. You will be kept fully informed by your course co-ordinator, and if disruption occurs you should refer to the University Website for information about how to proceed.
Student Charter and Responsibilities
The Student Charter assumes and acknowledges that students are active participants in the learning process and that they have responsibilities to the institution and the international community of scholars. The University expects that students will act at all times in a way that demonstrates respect for the rights of other students and staff so that the learning environment is both safe and productive. For further information visit Student Charter https://www.auckland.ac.nz/en/students/forms-policies-and-guidelines/student-policies-and-guidelines/student-charter.html.
Disclaimer
Elements of this outline may be subject to change. The latest information about the course will be available for enrolled students in Canvas.
In this course you may be asked to submit your coursework assessments digitally. The University reserves the right to conduct scheduled tests and examinations for this course online or through the use of computers or other electronic devices. Where tests or examinations are conducted online remote invigilation arrangements may be used. The final decision on the completion mode for a test or examination, and remote invigilation arrangements where applicable, will be advised to students at least 10 days prior to the scheduled date of the assessment, or in the case of an examination when the examination timetable is published.