76047 Advanced Contracts

Description

Most contractual disputes concern the performance or breach of contractual terms and the contractual remedies applicable to each. This subject builds upon a basic knowledge of contract law and equitable remedies applicable to contract law by applying advanced principles of contract and equity to consider the enforcement of contractual agreements and defences to claims of non-contractual performance. In doing so, an in-depth examination of actual contracts, evidential materials and witness statements is utilised to provide a practical application of the law. Students are then able to apply advanced legal principles to determine whether contractual terms have been breached or performed and to consider relevant remedies.

The subject begins with an examination of a contract and issues of formation and construction. Factual materials are then introduced to facilitate the examination, consideration and application of express terms, implied terms, good faith, interpretation, repudiation, breach, termination, defences and applications in law and equity, questions of enforcement, legislative intervention, remedies and the use of evidence. A case study of an actual contractual dispute is selected to enable students to have a factual understanding of the range of contract and equity applications that flow from a dispute.

Each class begins with the presentation of facts and materials evidencing a claimed contract breach or a defence to a claimed breach. Factual materials are provided to students through UTSOnline and in class. Interactive lectures consider and discuss the contractual and equitable principles relevant to the factual materials evidencing the contractual dispute. Students, both individually and in groups, consider the factual materials vis-a-vis the law of contract as discussed in the lectures and enter their responses into a contract portfolio. The responses of students, as recorded in their contract portfolio, are then considered and discussed in class the following week and any necessary corrections made.