LAWGENRL 445 - The History of the Law of Obligations

Credit points: 10 points
Offered: Summer School (commencing Monday 14 January, ending Wednesday 13 February 2019)
Contact hours: Lectures - 6 hours per week
Course Coordinator: Professor Warren Swain
Prerequisites: LAW 201, 211, 231, 241 (or equivalents)
Restrictions: LAWGENRL 423, LAWHONS 740

Course description

The modern law is deeply rooted in historical sources. The focus of this course is on the historical foundations of the modern law of contract, tort and restitution. It will provide and introduction to historical method in the context of modern doctrinal legal history. Students on this course will have an opportunity to engage with historical case law and literature. Developments within the law of obligations will be used to shed light on the nature of legal development more generally.

Content outline

  • CLASS 1: WHAT IS AN OBLIGATION?
  • CLASS 2: FORMAL CONTRACTS
  • CLASS 3: THE RISE OF A GENERAL REMEDY: THE ACTION OF ASSUMPSIT
  • CLASS 4: THE FOUNDATIONS OF MODERN CONTRACT LAW
  • CLASS 5: THE CLASSICAL MODEL OF CONTRACT
  • CLASS 6: THE MEDIEVAL LAW OF TORT AND THE RISE OF THE ACTION ON THE CASE
  • CLASS 7: TORT LAW AND INDUSTRIALISATION
  • CLASS 8: LEGAL CHANGE AND LEGAL HISTORY

Assessment

The assessment consists of a title of the students own choice which falls within the course syllabus.  

500 word research plan (10%)

5500 word research paper (90%)