76523 Commercial Contracts¹

This course brings together the doctrinal and practical issues raised by modern-day contracting, including current issues such as: the validity of preliminary documents such as letters of intent and memorandums of understanding; the development of the doctrine of good faith; the developments in remedies to craft-appropriate solutions to contractual disputes; and the impact of legislation, especially the Trade Practices Act. The subject will also concentrate on using contracts as a risk allocation mechanism in modern business by such measures as exclusion and indemnity clauses to protect against both contractual and negligence liability. The subject will include opportunities for negotiating contracts, for drafting simple contracts emphasising boilerplate clauses and for examining standard form contracts such as the contract for the sale of land, for the sale of business and the residential building construction contract.

Footnote(s)

1. LLB students require a minimum weighted average mark (WAM) of 65 per cent to undertake this subject, calculated as SUM (credit points x mark)/total credit points. This requirement may be reviewed in future. If a student enrols with a WAM of less than 65 per cent they will be withdrawn from the subject after the last date to add subjects and consequently will not be able to enrol in an alternative subject in that semester.