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Campus: Kensington Campus
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Career: Postgraduate
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Units of Credit: 8
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Contact Hours per Week: 0
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Enrolment Requirements:
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Prerequisite: Academic Program must be either 9200, 9210, 9220, 5740 or 9230.
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Description
This course focuses in depth upon principles of contract law which govern the performance, breach and termination of many commercial and conveyancing transactions; it is concerned with complex applications of general contract law principles rather than with more specific rights that are sometimes conferred by statutes dealing with consumer contracts. The course systematically examines a large number of issues which may arise in the course of contractual performance but can seldom be fully considered in undergraduate contract law courses despite their considerable practical importance. In the course of this examination the course addresses a range of difficult questions that have been raised in recent judgments of the High Court of Australia but often remain unanswered. While the course seeks primarily to reveal frequently unrecognised interrelations between legal principles, very considerable class time is devoted to discussion of issued problems which highlight the practical significance and dimensions of conceptual issues. Some specific topics likely to be considered are: contingent conditions precedent to the duty of performance, and their elimination; confusion arising from the multiple classifications of serious breaches; problems in identifying a repudiation and acting upon it; the effect of an unaccepted repudiation; the consequences of repudiation where the victim is not ready, willing and able to perform its own obligations; unconscionable exercises of a right to affirm, or a right to terminate, following serious breach; problems raised by Shevill's case; identification of rights surviving termination.
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