LAWGENRL 445 : The History of the Law of Obligations

Law

2020 Summer School (1200) (10 POINTS)

Course Prescription

The doctrinal history of the law of contract, tort and unjust enrichment from the twelfth century to the twentieth century. Original primary materials in the form of case law and legal treatises are considered.

Course Overview

The modern law is deeply rooted in historical sources. The focus of this course is on the historical foundations of the modern law of contract, tort and restitution. It will provide an introduction to historical method in the context of modern doctrinal legal history. Students on this course will have an opportunity to engage with historical case law and literature. Developments within the law of obligations will be used to shed light on the nature of legal development more generally.

Course Requirements

Prerequisite: LAW 231, 241 Restriction: LAWGENRL 423, LAWHONS 740

Capabilities Developed in this Course

Capability 1: Disciplinary Knowledge and Practice
Capability 2: Critical Thinking
Capability 4: Communication and Engagement
Capability 5: Independence and Integrity
Capability 6: Social and Environmental Responsibilities
Graduate Profile: Bachelor of Laws

Learning Outcomes

By the end of this course, students will be able to:
  1. Identify and critically evaluate the historical foundations of the modern law of obligations (Capability 1.1, 1.2, 1.3 and 2.1)
  2. Understand the way in which the history of the law of obligations holds wider lessons for common law legal method and legal development (Capability 1.1, 1.2, 1.3, 2.1, 2.2, 2.3 and 6.3)
  3. Be able to undertake independent research which draws fully on a range of primary and secondary sources (Capability 1.1, 1.2, 1.3, 2.1, 2.2, 2.3, 5.1 and 5.2)
  4. Demonstrate effective written communication skills (Capability 4.1)

Assessments

Assessment Type Percentage Classification
Research Proposal 10% Individual Coursework
Research Paper 90% Individual Coursework
Assessment Type Learning Outcome Addressed
1 2 3 4
Research Proposal
Research Paper
FURTHER DETAILS OF THE ASSESSMENT TASK ARE FOUND ON THE COURSE OUTLINE AVAILABLE THROUGH CANVAS 

Learning Resources

Course book
This course does not use a course book. Students are expected to look at primary sources using their own independent research. Primary sources will also be discussed in the seminars and these are available through the TALIS list.

Recommended Text
There is no prescribed text, but the following text is recommended: D Ibbetson, A Historical Introduction to the Law of Obligations (OUP, Oxford 1999). This work is available through the Oxford Scholarship on-line database. For those who prefer paper copies a few are also available in the library.  

Workload Expectations

This is a standard 10-point course. There will be around 24 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 100 hours.


Other Information

Learning and teaching
The course is taught through a combination of lectures and seminars, starting on Monday 13 January and ending on Thursday 13 February. There are 8 classes on this course. Students are expected to come prepared to the class and able to answer the questions which are at the end of the reading for the week.    
The classes will be on Monday and Thursdays between 5 pm and 8 pm in Algie. Monday 27 January 2020 is Auckland Anniversary day. Thursday 6 February Waitangi Day.
Office hours are by appointment in an e-mail. I am very happy to talk to students in the breaks and after teaching finishes.

Teaching staff
Professor Warren Swain  

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 at 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.

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.

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.

Published on 01/10/2019 08:15 a.m.