LAWS1123 - Conceptual Foundations of the Legal System (‘CFLS’) is a core course for Diploma in
Humanities/Enabling Program (Law Stream) students in their second and final session of study. This
course is worth 6 units of credit. It complements, and is studied in the same session as, LAWS1124 -
Legal Experience 2.
CFLS develops students’ understanding of the functioning of the legal system and facility with
foundational legal skills that students acquired in LAWS1121 – Legal System and Skills. Students
are introduced to fundamental concepts and legal paradigms in three core areas of substantive law:
contract; tort and criminal law. The course focuses on students’ acquisition of legal problem-solving
skills in both oral and written contexts to enhance students’ understanding of legal principles found
in case and statute law in these three fields. It provides preparation for, and an introduction to, the
study of Contract, Tort and Criminal Law in the LLB program.
Module 1: Contract
A good grounding in the basic principles of contract law is a fundamental element of any legal
education. This Module is an introduction to the study of voluntarily assumed legal obligations which
govern many important areas of daily life. This Module focuses on students acquiring a sound
understanding of a number of basic principles of contract law, through common law method, with
particular focus on the elements required for the formation of a valid contract, namely offer and
acceptance; consideration; intention to create legal relations; certainty and privity.
Module 2: Criminal Justice
The aims of the Criminal Justice module are to introduce students to foundational elements of the
criminal law, and some key issues related to criminal justice. The course will include an examination
of the components of criminal offences generally, and will take two substantive offences (murder and
offensive language/behaviour) to see how these elements play out in practice.
Module 3: Tort
This module covers the part of the law of torts which signifies, broadly speaking, the law determining
liability to pay compensation for wrongfully caused injury, damage or loss through medical
negligence.
The prime objectiveis to introduce students to the core principles of negligence, including a critical
understanding of the policy considerations informing the law. A second objective of this course is to
examine a relatively limited number of leading cases and legislation in selected areas and thereby
develop skills of analysis, synthesis and evaluation. A third objectiveis to encourage students to
consider the way in which the law of torts operates in the context of society as a whole, and the ways
in which it is influenced by such particular factors as insurance, social security, and the need (or
absence of a need) to ascribe fault. Thus there is a theoretical component to the course which
introduces various debates about the nature and effectiveness of tort law.
