78253 Contract Negotiation
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.
Credit points: 6 cp
Result type: Grade and marks
Requisite(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.
Subject learning objectives (SLOs)
Upon successful completion of this subject students should be able to:
| 1. | Develop a detailed understanding of the technical rules of contract law so far as they impact on contract formation |
|---|---|
| 2. | Develop practical negotiation skills to pray in aid in negotiating contracts |
| 3. | Learn how to deal with ???difficult??? or uncooperative counter-parties |
| 4. | Learn how, and in what circumstances, the law will permit errors to be corrected |
Teaching and learning strategies
Strategy 1 Lectures
Strategy 2 Simulated negotiation exercises in small groups
Content (topics)
1 Written and oral contracts
2 Sham transactions and estoppel
3 The parol evidence rule
4 Pre-contract negotiations and rectification
5 Non est factum
6 Umbrella agreements
7 The negotiation of deals
8 The role of pre-contract negotiations
9 Letters of Intent and Letters of Comfort
10 Negotiation strategies – “Win/Win”
11 Certainty, tendering and agreements to negotiate
12 Good faith and best endeavours provisions
13 “Saving” the negotiation
Assessment
Assessment task 1: Class Participation
| Objective(s): | This task addresses the following subject learning objectives: 1, 2 and 3 This task contributes specifically to the development of the following graduate attributes: 1.0, 3.0 and 5.0 |
|---|---|
| Weight: | 35% |
Assessment task 2: Short essay
| Objective(s): | This task addresses the following subject learning objectives: 1 and 4 This task contributes specifically to the development of the following graduate attributes: 1.0 and 3.0 |
|---|---|
| Weight: | 5% |
| Length: | 800 words |
Assessment task 3: Major Essay
| Objective(s): | This task addresses the following subject learning objectives: 1 and 4 This task contributes specifically to the development of the following graduate attributes: 1.0 and 3.0 |
|---|---|
| Weight: | 60% |
| Length: | 4000 words |
