78265 Commercial Contracts6cp
Requisite(s): ( 78101c Postgraduate Legal Research OR ((22 credit points of completed study in spk(s): C07122 Graduate Diploma Legal Studies OR 22 credit points of completed study in spk(s): C04264 Master of Legal Studies)) 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 (94 credit points of completed study in spk(s): C04320 Juris Doctor Graduate Certificate Professional Legal Practice AND 70106 Principles of Public International Law))
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.
This subject examines the operation of complex commercial contracts by applying advanced principles of contract law and equity to a series of case studies involving commonly used commercial contracts. The subject considers the formation of complex commercial contracts, including issues relating to pre-contractual negotiations, joinder of documents and the use of industry standard agreements, framework agreements and master agreements. Advanced principles of contractual interpretation are applied to common clauses found in commercial contracts. Principles of contractual remedies are discussed under contract law, equity and relevant statutory provisions, with a particular focus on contractual penalty clauses. The subject draws on real-life contracts from significant areas of commercial practice as case studies to identify and apply commercial and legal considerations to contractual negotiation and drafting. Experienced legal practitioners guide students through a range of complex commercial contracts to apply relevant legal principles in supporting client commercial and legal interests.
Detailed subject description.