78253 Contract Negotiation
6cpRequisite(s): ( 78101c Postgraduate Legal Research OR ((22 credit points of completed study in spk(s): C07122 Graduate Diploma Legal Studies OR 22 credit points of completed study in spk(s): C04147 Master of Legal Studies OR 22 credit points of completed study in spk(s): C07074 Graduate Diploma Legal Studies OR 22 credit points of completed study in spk(s): C04264 Master of Legal Studies)) OR ((94 credit points of completed study in spk(s): C04236 Juris Doctor OR 142 credit points of completed study in spk(s): C04250 Juris Doctor Master of Business Administration) AND 70106c Principles of Public International Law AND 70107c Principles of Company Law) OR (94 credit points of completed study in spk(s): C04320 Juris Doctor Graduate Certificate Professional Legal Practice AND 70106 Principles of Public International Law))
The lower case 'c' after the subject code indicates that the subject is a corequisite. See definitions for details.
There are course requisites for this subject. See access conditions.
Description
This subject examines the legal principles and practical skills involved in the negotiation and formation of contracts. It concentrates in particular on various negotiation techniques, as well as the legal rules involved in dealing with pre-contract negotiations and their role (or lack of role) in both issues of formation and construction. The subject examines other legal issues that impact the negotiation of contractual terms, such as requirements of good faith, the rules governing certainty, as well as rectification of contracts, best endeavours clauses, issues arising in the renegotiation of long-term contractual relationships, sham transactions and estoppel and the various skills that are required in order to deal with difficult counterparties.
Interspersed throughout the subject are a series of practical exercises, conducted in small groups, designed to demonstrate the various negotiating skills and pitfalls that are highlighted within the subject. The technical contract law element of the course involves a rigorous and detailed analysis of case law drawn from the various Australian jurisdictions and other common law jurisdictions, in particular England and the US.
Detailed subject description.
Fee information
Information to assist with determining the applicable fee type can be found at Understanding fees.
- Commonwealth-supported students: view subject fees at Fees Search: Commonwealth-supported
- Postgraduate domestic fee-paying students: fees are charged according to the course enrolled in; refer to Domestic Fees Search: Postgraduate and Research
- International students: fees are charged according to the course enrolled in; refer to International Fees Search
- Subject EFTSL: 0.125
Access conditions
Note: The requisite information presented in this subject description covers only academic requisites. Full details of all enforced rules, covering both academic and admission requisites, are available at access conditions and My Student Admin.
