Course

Commercial Contracts: Problems of Performance, Breach and Termination - LAWS8023

Faculty: Faculty of Law

School: Faculty of Law

Course Outline: See below

Campus: Sydney

Career: Postgraduate

Units of Credit: 6

EFTSL: 0.12500 (more info)

Indicative Contact Hours per Week: 2

Enrolment Requirements:

Prerequisite: Academic Program must be either 9200, 9210 or 5740

CSS Contribution Charge: 3 (more info)

Tuition Fee: See Tuition Fee Schedule

Further Information: See Class Timetable

View course information for previous years.

Description

The course examines systematically and in-depth (to an extent not feasible in basic undergraduate Contract law courses) major principles of Australian law governing the performance, breach and termination of many commercial and conveyancing transactions. It is primarily concerned with complex applications of general contract law principles rather than the more specific rights that are sometimes conferred by statutes dealing with "consumer" contracts.As well as investigating many practical problems in applying the law, the course makes a sustained attempt to assist students to discern frequently unrecognised interrelations between legal principles, and thus to acquire a better integrated view of an area of law which (despite its practical importance) is widely regarded as amorphous and highly challenging. The course addresses a range of difficult practical, legal and evidentiary questions that have been raised in recent appellate judgements but often remain incompletely answered.

LLM Specialisations
Corporate and Commercial Law.
Corporate, Commercial and Taxation Law.

Main Topics
  • Contingent conditions precedent to performance
  • Promissory and Concurrent conditions
  • Discharge by performance
  • Nature of breach
  • Entitlement to terminate for breach and repudiation
  • Entire and severable contracts
  • Affirmation following serious breach
  • Nature and consequences of termination for serious breach
More information can be found on the Course Outline Website.
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