Overview
This course introduces students to the basic elements and principles of private law. It begins by looking at what the term private law means, the sources of private law and how the different areas of private law - especially property, contract, tort and unjust enrichment – relate to each other.
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The course also introduces students to two smaller topics: agency and equitable estoppel. As well as being closely related to contracts and property, these are two important areas of law for practicing lawyers.
Main Topics
The Domain of Private Law
Private law, values and justicePrivate law and public law distinguishedOrigins and sources of private lawThe categories of private law
Contract
Formation of contractsOffer and acceptanceIntention to create legal relationsConsiderationCertainty of termsPrivityPromissory estoppel
Property
Definition of propertyLicences, contractual and otherwiseNew forms of propertyDefinition of landDoctrine of fixturesPersonal propertyCreation of property rights: original acquisition, voluntary/involuntary transfersThe concept of possession of land and goodsBailmentTorts of trespass, detinue and conversionAdverse possession/possessory titleFormal requirements for the transfer of interests in landProprietary estoppel
Agency
Fundamental principlesDistinction from other relationships, eg employment, sub-contractThe formation and consequences of agency.
Conditions for Enrolment
Prerequisite: Academic Program must be 9150. Corequisite: Students cannot enrol in JURD7150 unless they have completed or are concurrently enrolled in JURD7152 and JURD7155.
Delivery
In-person - Standard (usually weekly or fortnightly)
Fees
Type | Amount |
---|---|
Commonwealth Supported Students (if applicable) | $2041 |
Domestic Students | $5370 |
International Students | $6900 |
Pre-2019 Handbook Editions
Access past handbook editions (2018 and prior)