Commercial Law: Issues and Policies
Subject LAWS70336 (2014)
Note: This is an archived Handbook entry from 2014.
Credit Points: | 12.50 |
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Level: | 7 (Graduate/Postgraduate) |
Dates & Locations: | This subject is not offered in 2014. |
Time Commitment: | Contact Hours: The total class time is between 24 and 26 hours. Total Time Commitment: Not available |
Prerequisites: | Prior study in contract, trust and equity |
Corequisites: | None |
Recommended Background Knowledge: |
Applicants without legal qualifications should note that subjects are offered in the discipline of law at an advanced graduate level. While every effort will be made to meet the needs of students trained in other fields, concessions will not be made in the general level of instruction or assessment. Most subjects assume the knowledge usually acquired in a degree in law (LLB, JD or equivalent). Applicants should note that admission to some subjects in the Melbourne Law Masters will be dependent upon the individual applicant’s educational background and professional experience. |
Non Allowed Subjects: | None |
Core Participation Requirements: |
The Melbourne Law Masters welcomes applications from students with disabilities. The inherent academic requirements for study in the Melbourne Law Masters are:
Students who feel their disability will inhibit them from meeting these inherent academic requirements are encouraged to contact the Disability Liaison Unit: www.services.unimelb.edu.au/disability/ |
Contact
For more information, contact the Melbourne Law Masters office.
Email: law-masters@unimelb.edu.au
Phone: +61 3 8344 6190
Website: www.law.unimelb.edu.au/masters
Subject Overview: |
This subject examines the building-blocks of commercial law and practice, emphasising the common legal problems that plague successful commercial relationships. These range from the typical styles of commercial engagement, including agency, joint ventures and fiduciary relationships; the practical difficulties in ensuring that property assignments are successful; and the various means of financing commercial deals, including how courts distinguish between legal form and commercial substance in characterising security interests. The subject includes a brief examination of the general law as it applies to banks in commerce. Throughout, special attention is paid to the different types of personal and proprietary remedies awarded for breach of commercial contracts, including the role of constructive trusts in a commercial context. All these issues are explored within the framework of typical commercial contracts and in the context of an assessment of the policies being pursued by the courts in enforcing the commercial deal. The lecturers have written and taught extensively in the area. Principal topics will include:
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Learning Outcomes: |
A student who has successfully completed this subject should:
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Assessment: |
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Prescribed Texts: |
Core subject materials will be provided free of charge to all students. Some subjects require further texts to be purchased. Details regarding any prescribed texts will be provided prior to the commencement of the subject. |
Breadth Options: | This subject is not available as a breadth subject. |
Fees Information: | Subject EFTSL, Level, Discipline & Census Date |
Links to further information: | www.law.unimelb.edu.au/subject/LAWS70336/2014 |
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