2018 Winter School Subject List

Torts and Contracts II (LAWS5006) - Opens 10 May 2017

Faculty: Law (Sydney Law School)
Department: Law (Sydney Law School)
Level: Postgraduate
Credit Points: 6

There are no Instructor details available for this course.

(1)  John Eldridge - john.eldridge@sydney.edu.au

Start Date: 03 Jul 2017 
End Date: 14 Jul 2017 
Capacity: 30 
Status: Places available 
Applications Open: 10 May 2017 
Applications Close: 19 Jun 2017 
Census date: 10 Jul 2017 
On-time withdrawals close: 10 Jul 2017 
Available to audit: No
Open to HSC graduates?: No


  1. Prerequisites: - 

    Torts (LAWS1010 or LAWS1012, LAWS 5001) and Contracts (LAWS1015 and LAWS5002)

  2. Prohibition: - 


  3. Note: - 

    All enrolments are subject to approval by the Sydney Law School.

  4. Note: - 

    Enrolment is restricted to University of Sydney Juris Doctor of Laws students only.


This unit aims to develop the integrated study of some key parts of the law of civil obligations and remedies. The laws of tort and contract frequently overlap in practice. Many situations to which the common law applies are also increasingly regulated by statute.

This course builds on the introduction to tort law and contract law which students acquired in Torts and Contracts respectively. It will include the study of more advanced topics in both areas and consider the impact of related statutes.

Core topics are:

(a) Remoteness of damage in contract and the calculation of damages for breach of contract;

(b) Vitiating factors and other factors affecting contracts, including: unfair or unconscionable dealing; unfair terms in contracts; mistake; duress; and undue influence. This topic includes a study of equitable principles and statutory rights and remedies (such as those under the Australian Consumer Law).

(c) Concurrent, proportionate liability of multiple wrongdoers and the law relating to vicarious liability;

(d) Liability (and remedies) for misrepresentation in tort and contract and for misleading or deceptive conduct under statute (in particular, under s 18 of the Australian Consumer Law);

(e) Liability for negligently inflicted economic loss in tort, including liability for negligent misstatement, liability for economic loss suffered by third parties to a contract, liability for defective construction, and some study of comparative approaches in other jurisdictions.

Other topics may be studied to the extent class time allows. These topics may include: the intentional economic torts; tort remedies for interference with goods; breach of statutory duty; illegality in contract.


Take home problem response (3,000 words max, 50% ), Sit–down exam: 1.5 hours plus 30 minutes reading time, closed book (50%)


Start Date: 03 Jul 2017     End Date: 14 Jul 2017

Lectures: 9:00 - 16:30

Mon 3rd, Wed 5th, Thu 6th, Fri 7th, Thu 13th, Fri 14th

Take Home Question: Due: By 12:00, Tue 11th July

Final Exam: Thu 20th July (10:00 Start Time, 1.5 hours exam & 30 mins Reading Time)



Mon 3rd - Law School Lecture Theatre 106

Wed 5th - ABS Seminar Room 2130

Thu 6th - ABS Seminar Room 3020

Fri 7th - ABS Seminar Room 3020

Thu 13th - Law School Lecture Theatre 106

Fri 14th - Law School Lecture Theatre 106

Final Exam: New Law School Lecture Theatre 024


B McDonald, R Anderson and S Yeo, Cases on Torts, 5th ed, Federation Press, 2012 (note: a supplement to this book is available on the Federation Press website www.federationpress.com.au). J W Carter, Cases and Materials on Contract Law in Australia, 6th ed, LexisNexis Butterworths, 2012 (Carter casebook) OR Paterson, Robertson and Duke, Contract Cases and Materials, 13th ed, LBC, 2016 (or previous edition).