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77942 Legal Aspects of Contracts Administration

Warning: The information on this page is indicative. The subject outline for a particular session, location and mode of offering is the authoritative source of all information about the subject for that offering. Required texts, recommended texts and references in particular are likely to change. Students will be provided with a subject outline once they enrol in the subject.

Subject handbook information prior to 2017 is available in the Archives.

UTS: Law
Credit points: 6 cp
Result type: Grade and marks

Requisite(s): 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
The lower case 'c' after the subject code indicates that the subject is a corequisite. See definitions for details.
These requisites may not apply to students in certain courses. See access conditions.
Anti-requisite(s): 70211 Contracts

Description

This subject aims to provide students with an understanding of legal issues that arise when negotiating complex contracts, as well as the difficulties that can occur once such contracts are formed.

Subject learning objectives (SLOs)

Upon successful completion of this subject students should be able to:

1. understand key issues in the contracting process with a view to developing the ability to recognise and prioritise contracting issues;
2. demonstrate developing skills in risk management as it applies to the contracting process;
3. understand the contracting process including the issues arising in relation to the tender process, standard form contracts, authority and pre-contractual agreements;
4. understand misrepresentation and other consent defects, discharge, remedies and Competition and Consumer Act Issues;
5. Understand key issues in relation to Commercial Arbitration, International Contracts and CISG, and Electronic Contracting

Course intended learning outcomes (CILOs)

This subject also contributes specifically to the development of the following graduate attributes:

  • Legal Knowledge
    An advanced and integrated understanding of a complex body of legal knowledge including the Australian legal system, social justice, cultural and international contexts, the principles and values of ethical practice, and contemporary developments in law and its professional practice (1.0)
  • Critical Analysis and Evaluation
    A capacity to think critically, strategically and creatively including an ability to identify and articulate complex legal issues, apply reasoning and research to generate appropriate theoretical and practical responses, and, demonstrate sophisticated cognitive and creative skills in approaching complex legal issues and generating appropriate responses (3.0)
  • Research Skills
    Well-developed cognitive and practical skills necessary to identify, research, evaluate and synthesise relevant factual, legal and policy issues and demonstrate intellectual and practical skills necessary to justify and interpret theoretical propositions, legal methodologies, conclusions and professional decisions (4.0)
  • Communication and Collaboration
    Effective and appropriate professional communication skills including highly effective use of the English language, an ability to inform, analyse, report and persuade using an appropriate medium and message and an ability to respond appropriately (5.0)

Teaching and learning strategies

Strategy 1 Interactive Lectures
Strategy 2 In-class exercises
Strategy 3 Learning through practical application of skills to current job aspirations

Subject Delivery
This subject is offered in twelve face to face sessions. You are expected to attend lectures and do the required reading in advance of classes.

Lecture Format
Students are expected to take notes during class and to expand on those notes after the lectures are complete by reference to the required reading. In order to make the lectures more interactive and relevant, lectures will raise discussion questions and the lecturer will address questions to individual students during the course.

Tutorial Format and Expectation of Student Participation
There are no formal tutorials in this subject but one or more periods during each class session will be given over to small group discussions.

Content (topics)

  • Introduction to Australian Law and Australian Contract Law
  • Formation of Contracts
  • Contract Terms
  • Contract Performance
  • Contract Termination
  • Contract Remedies
  • Consumer Protection - Competition and Consumer Act, 2010 (C'th)
  • Commercial arbitration
  • International Contracts and CISG
  • Electronic contracting

Assessment

Assessment task 1: Class Participation including Presentation

Intent: Learning about legal aspects of contract practice and procedure
Objective(s):

This task addresses the following subject learning objectives:

1, 2, 3, 4 and 5

This task contributes specifically to the development of the following graduate attributes:

1.0, 3.0, 4.0 and 5.0

Weight: 25%

Assessment task 2: Problem Solving Assignment

Intent:

Establishing understanding of concepts, analysis and research and writing skills
Objective(s):

This task addresses the following subject learning objectives:

1, 4 and 5

This task contributes specifically to the development of the following graduate attributes:

3.0, 4.0 and 5.0

Weight: 30%

Assessment task 3: Research Essay or Extended Problem Solving

Intent:

Establishing understanding of concepts, analysis and research and writing skills
Objective(s):

This task addresses the following subject learning objectives:

1, 2, 3, 4 and 5

This task contributes specifically to the development of the following graduate attributes:

3.0, 4.0 and 5.0

Weight: 45%

Required texts

Turner, Trone and Gamble Concise Australian Commercial Law 20174th ed Thomson Reuters

References

  • Graw An Introduction to the Law of Contract 2015 8th ed Thomson Reuters
  • Harris and Croece, Contract Law in Context 2015 CCH Australia
  • Turner and Trone, Australian Commercial Law, 30th edition, 2015 Thomson Reuters
  • Longdin, Ian, Legal Aspects of Purchase and Supply Chain Management, 2nd ed, Cambridge
  • Paterson, Robertson and Duke, Principles of Contract Law, 5th ed, 2016, Thomson Reuters
  • Paterson, Robertson and Duke, Contract Cases and Materials, 13th edition, 2016 Thomson Reuters
  • Carter, Contract Law in Australia, 6th ed, 2013 LexisNexis Butterworths.
  • Carr-Gregg and Monahan, Essential Contract Law, 3rd ed, 2007, Cavendish Publishing
  • Gooley, Radan and Vickovich , Principles of Australian Contract Law Cases and Materials, 2nd ed, 2010, LexisNexis
  • Khoury and Yamouni, Understanding Contract Law, 8th ed, 2010 LexisNexisButterworths
  • Seddon and Ellinghaus, Cheshire and Fifoots Law of Contract, 10th ed, 2012 LexisNexis Butterworths

Other resources

  • The New York Convention (1927).
  • United Nations Commission on International Trade Law (UNCITRAL)
  • Australian Contract Law Reporter, CCH Australia, (2 volume loose –leaf service)
  • Journal of Contract Law published by Butterworths.

Websites