LLAW3335 Advanced Law of Obligations

This topic extends the student’s understanding of the private law of obligations – in tort, contract, restitution and statutory obligations - and their inter-relationship. In advanced tort, issues will include liability of governments, mass torts, assessment of loss in commercial causes and the proportionate liability regimes. In advanced contract, issues will include the role of contract in allocating responsibility and effective risk-management. The topic will also introduce the law of restitution by exploring its inherent purpose – in what circumstances is a defendant obliged to disgorge its gain when it has been unjustly enriched at the expense of the plaintiff. Finally, complex statutory private law obligations arising from misleading and deceptive conduct legislation will be addressed. The topic will focus on developments, judicial and legislative, in Australia and certain common law jurisdictions internationally and on the harmonisation debate in order to provide students with an advanced, commercial understanding of the diversity and application of the law of obligations in the Digital Age.

This topic aims to:

• Advance, through research and problem-solving, the student’s understanding of the purpose and limitations of the private law of obligations
• Provide a deeper, and more sophisticated, understanding of Australian and international developments in the law of obligations
• Provide commercial awareness of the operation of the law of obligations in diverse commercial environments
• Demonstrate the operation of complex causes of action and defences arising from the broad application of the law of obligations

1. Demonstrate an improved, targeted ability, in the context of the law of civil obligations in undertaking legal research
2. Identify relevant claims and defences central to the law of advanced civil obligations
3. Correctly apply complex legal principles regarding advanced civil obligations in a strategic and commercial manner
4. Conduct advanced analysis of common law and statutory developments in the law of obligations
5. Demonstrate practical problem-solving skills relating to the law of obligations in Australian and comparative situations