76047 Advanced Contracts
6cpRequisite(s): (70211 Contracts AND 70517 Equity and Trusts AND 70327 Introduction to Property and Commercial Law) OR ((94 credit points of completed study in spk(s): C04236 Juris Doctor OR 142 credit points of completed study in spk(s): C04250 Juris Doctor Master of Business Administration OR 94 credit points of completed study in spk(s): C04363 Juris Doctor Master of Intellectual Property OR 94 credit points of completed study in spk(s): C04364 Juris Doctor Graduate Certificate Trade Mark Law and Practice) AND 70106c Principles of Public International Law AND 70107c Principles of Company Law) OR (70106 Principles of Public International Law AND 94 credit points of completed study in spk(s): C04320 Juris Doctor Graduate Certificate Professional Legal Practice)
The lower case 'c' after the subject code indicates that the subject is a corequisite. See definitions for details.
These requisites may not apply to students in certain courses. See access conditions.
Description
Lawyers are frequently called upon to advise clients about their rights and obligations under contracts. To effectively assist their clients, law graduates need to have a comprehensive understanding of the often complex legal and commercial issues involved in various contracts.
This subject undertakes an advanced examination of the more complex areas of contract law in Australia.
It commences with an overview of commercial concepts and terminology, and the various legislative regimes for regulating contract law both in Australia and internationally. This is followed by a detailed examination of the principles of construction of express terms and exclusion clauses; implied terms and consumer guarantees; the rights of third parties; unconscionable conduct; misleading and deceptive conduct; performance and breach and termination. It concludes by considering the various remedies that may be available for breaches of contracts – including damages; rectification; equitable estoppel and restitution.
The classes are interactive and include guest presentations by practising lawyers on the commercial applications of contract law. Through in-class activities, case analysis reports and research essays, students develop practical skills in researching and applying the relevant rules of contract law to advise hypothetical clients of their rights and options. Students also critically evaluate the effectiveness of the current state of Australian contract law and the scope for further reforms.
Detailed subject description.
Fee information
Information to assist with determining the applicable fee type can be found at Understanding fees.
- Commonwealth-supported students: view subject fees at Fees Search: Commonwealth-supported
- Postgraduate domestic fee-paying students: fees are charged according to the course enrolled in; refer to Domestic Fees Search: Postgraduate and Research
- International students: fees are charged according to the course enrolled in; refer to International Fees Search
- Subject EFTSL: 0.125