Title

Hypothetical cases as a pedagogical tool in contract law studies

Document Type

Journal Article

Publisher

Australasian Law Teachers Association

School

School of Business and Law

RAS ID

26032

Comments

Originally published as:

Yin, K., & Moore, J. (2017). Hypothetical cases as a pedagogical tool in contract law studies. Journal of the Australasian Law Teachers Association, 10, 203-220.

Original article available here.

Abstract

The pedagogy that underpins the method of teaching from cases is eponymously known as ‘the case-method’ (or ‘case-analysis’). First year law units, including contract law, are commonly taught by the case-method in Australia. The case-method potentially causes difficulties because of first year law students’ inability to harmonise the principles invoked in discrete topics of study as a coherent body of doctrine, and then to appraise their application to the facts of their legal problem. These difficulties are particularly conspicuous in contract law because topics in contract are taught in a customised sequence which invoke principles which first year law students find very difficult to assemble as a coherent whole. We suggest that bespoke hypothetical judgments, specifically drafted to attract the analysis of doctrine studied in different lessons where recurring difficulties have been encountered, be adopted as a supplement to case-analysis. This method can be readily integrated within the contract law curriculum.

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