Handbook - Principles of Private Law

There is a more recent version of this academic item available.

Overview

LAWS1150 is only available in T1 by School Consent. Contact UNSW Law Student Services for more information. 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 … For more content click the Read More button below. The bulk of the course is spent on the topics of contract and property law. In both cases, the course provides an introduction to materials that are expanded upon in later subjects. With respect to contract law, this course covers the formation of contracts and the doctrine of privity. Several other elements of contract law are dealt with later in the curriculum in Contracts. With respect to property law, this course considers the boundaries of the concept of property, as well as several of the rules with respect to the creation, transfer and protection of property rights. Again several other elements of property law are dealt with later in Land Law, and to some extent also in Equity and Trusts. 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

LAWS1150 is only available in T1 by School Consent. Contact UNSW Law Student Services for more information.

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.

The bulk of the course is spent on the topics of contract and property law. In both cases, the course provides an introduction to materials that are expanded upon in later subjects. With respect to contract law, this course covers the formation of contracts and the doctrine of privity. Several other elements of contract law are dealt with later in the curriculum in Contracts. With respect to property law, this course considers the boundaries of the concept of property, as well as several of the rules with respect to the creation, transfer and protection of property rights. Again several other elements of property law are dealt with later in Land Law, and to some extent also in Equity and Trusts.

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 justice
Private law and public law distinguished
Origins and sources of private law
The categories of private law

Contract

Formation of contracts
Offer and acceptance
Intention to create legal relations
Consideration
Certainty of terms
Privity
Promissory estoppel

Property

Definition of property
Licences, contractual and otherwise
New forms of property
Definition of land
Doctrine of fixtures
Personal property
Creation of property rights: original acquisition, voluntary/involuntary transfers
The concept of possession of land and goods
Bailment
Torts of trespass, detinue and conversion
Adverse possession/possessory title
Formal requirements for the transfer of interests in land
Proprietary estoppel

Agency

Fundamental principles
Distinction from other relationships, eg employment, sub-contract
The formation and consequences of agency

Conditions for Enrolment

Prerequisite: LAWS1052 or LAWS1051; JURD7152

Exclusion Courses

Course

JURD7150

JURD7150 - Principles of Private Law

Course

JURD7171

JURD7171 - Contracts 1

Course

LAWS1071

LAWS1071 - Contracts 1

Course Attributes

Introductory Course

Delivery

In-person - Standard (usually weekly or fortnightly)

Please note that the above delivery information is an indication on how this course may be delivered within the year. Delivery mode(s) for each term can be viewed on other sources such as myUNSW and class timetable site.

This Handbook is a comprehensive catalogue of our offerings and includes courses that can be taken to satisfy program requirements irrespective as to their availability for a particular year. Availability of courses is best checked using filters on this site or on the class timetable site.

Course Outline

To access course outline please visit below link (Please note that access to UNSW Canberra course outlines requires VPN):

LAWS1150 Course Outline

Fees

Type	Amount
Commonwealth Supported Students (if applicable)	$1813
Domestic Students	$5550
International Students	$5550

Disclaimer

Where a fee is displayed as “Not Applicable”, including some Work Experience and UNSW Canberra courses, please contact the relevant Faculty for any enquiry.

Note that the University reserves the right to vary student fees in line with relevant legislation. The fee information is provided as a guide and more specific information about fees, including policy, can be found here.

Commonwealth Supported Students:

Please refer to the information about new Student Contribution band classifications. Note that grandfathering arrangements are applicable for some cohorts of students, and other special arrangements apply for a limited number of programs. The Field of Education displayed on the right-hand side of this page may be applicable in understanding which fee rate will apply to you.

Where a Commonwealth Supported fee is displayed it does not guarantee that such places are available.

Pre-2019 Handbook Editions

Access past handbook editions (2018 and prior)

Pre-2019 Handbook Editions