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 Commercial Contracts: Problems of Performance, Breach and Termination - LAWS4023
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Faculty: Faculty of Law
 
 
School:  Faculty of Law
 
   
 
Campus: Kensington Campus
 
 
Career: Postgraduate
 
 
Units of Credit: 8
 
 
EFTSL: 0.167 (more info)
 
 
Contact Hours per Week: 0
 
 
Enrolment Requirements:
 
 
Prerequisite: Academic Program must be either 9200, 9210, 9220, 5740 or 9230.
 
 
Fee Band: 3 (more info)
 
 
Further Information: See Class Timetable
 
  

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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© The University of New South Wales (CRICOS Provider No.: 00098G), 2004-2011. The information contained in this Handbook is indicative only. While every effort is made to keep this information up-to-date, the University reserves the right to discontinue or vary arrangements, programs and courses at any time without notice and at its discretion. While the University will try to avoid or minimise any inconvenience, changes may also be made to programs, courses and staff after enrolment. The University may also set limits on the number of students in a course.