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This is a core course in the Juris Doctor program. [Together with Torts B and Contracts B], it is approved by the Legal Practitioners Admissions Board (Qld) and Chief Justice of Queensland as meeting the torts and contracts areas of knowledge under the Supreme Court (Admission) Rules 2004 (Qld) and therefore deals with elements of contracts (specifically: formation, including capacity, formalities, privity, consideration and content and construction of contracts) and of torts (specifically: negligence, including defences; damages; concurrent liability and compensation schemes).

LAW5113 (Part A) (weeks 1 to 6 of semester 1) concerns aspects of the law of contract which is the basis of all commercial transactions and essential for all facets of professional endeavour. Students will gain a broad theoretical understanding of the basis of the law of contract. Specifically the aim of this course is to equip students with knowledge of the legal requirements for contract formation; the capacity of parties to enter into contracts; and the required content of a legally enforceable contract.

LAW5113 (Part B) (weeks 7 to 12 of semester 1) concerns aspects of the law of torts which sets the standards of behaviour between members of society. Students will gain an understanding of the circumstances in which an action for the tort of negligence may lie, the elements of the cause of action, the remedies available and possible defences to the action, and statutory-based compensation schemes.

On successful completion of this course, students should be able to:

1. Demonstrate [explain and apply] an advanced and integrated understanding of a complex body of knowledge relevant to contract and torts and underlying principles and concepts; the broader contexts within which legal issues arise [in this area]; and the principles and values of justice and of ethical practice in lawyers’ roles [professional negligence] (PO1/TLO1)
2. Identify and articulate complex legal issues [relevant to torts and contracts]; [comprehend legal and other materials]; apply legal reasoning to generate appropriate jurisprudential and practical responses to legal issues, and engage in critical analysis and make reasoned and appropriate choices amongst alternatives (PO3/TLO3).
3. Communicate in ways that are effective, appropriate and persuasive for legal and non-legal audiences (PO5/TLO5).
4. Identify applicable legislation, apply general principles of statutory interpretation, apply and make appropriate use of authorised aids to statutory interpretation, and deploy appropriate techniques in the course of solving interpretative problems [including problems raising special interpretative issues, and give a reasoned opinion as to the appropriate meaning of a legislative provision and as to the correct application of the provision to a given set of facts] (PO7).