Overview
This introductory course examines the formation, enforceability, interpretation, and classification of contractual obligations within the New Zealand legal system. Topics include agreement and objective intention, offers and acceptance, invitations to treat, certainty and completeness, consideration and alternative requirements for enforceability, promissory estoppel, capacity, formalities, privity, express and implied terms, representations, exclusion and limitation clauses, interpretation, and the distinction between conditions, warranties, and innominate terms.
Students apply cases, statutes, and established principles to practical scenarios involving sales, services, employment-related arrangements, online transactions, standard-form agreements, consumer contracts, and preliminary negotiations. The course develops the ability to determine whether a binding agreement exists, identify barriers to enforceability, classify and interpret contractual language, assess incorporation and unfairness, evaluate competing arguments, and provide clear written advice. Contract remedies are introduced only as a progression to Contract Law II.
Learning Outcomes
- Explain the nature, functions, and sources of contract law within the New Zealand legal system.
- Analyse factual circumstances to determine whether agreement, objective intention, and enforceability requirements are established.
- Apply cases and statutory provisions to problems involving offer, acceptance, invitations to treat, certainty, completeness, consideration, estoppel, capacity, and formalities.
- Classify statements and contractual provisions as representations, express terms, or implied terms, and distinguish conditions, warranties, and innominate terms.
- Interpret contractual language and evaluate the incorporation, operation, and fairness of exclusion and limitation clauses.
- Assess the legal significance of privity, third-party rights, consumer protection, electronic contracting, standard-form agreements, and good faith considerations.
- Construct persuasive legal arguments using authoritative cases and statutes in response to changing factual circumstances.
- Draft clear, structured, and commercially appropriate written advice for a client or contracting party.
Timetable
| Type | Length | Frequency | Period |
|---|---|---|---|
| Lecture | 2 hours | Weekly | All semester |
| Tutorial | 1 hour | Weekly | All semester |
| Workshop | 2 hours | Fortnightly | All semester |
Assessment Schedule
| Type | Description | Weighting |
|---|---|---|
| Assignment | Formation and enforceability problem questions (2 × 10%) | 20.00% |
| Assignment | Case and statute analysis | 15.00% |
| Deliverable | Contract drafting exercise | 15.00% |
| Assignment | Advisory memorandum | 20.00% |
| Exam | Final examination | 30.00% |
Prerequisites
- Requirement 14 NCEA Level 2 English credits, externally assessed
Teaching Staff & Programs
This course is delivered jointly by faculty from the participating programs listed below. In line with the Douchewater Way, the University of Sexology tailors core instruction directly to each cohort's specific discipline — adapting curriculum to program needs rather than forcing students into a one-size-fits-all model. Learn more about our approach at The Douchewater Way.
