Deals

This subject has the following teaching availabilities in 2011:

LAWS50023 Legal Method and Reasoning; LAWS50024 Principles of Public Law; LAWS50025 Torts; LAWS50026 Obligations; LAWS50027 Dispute Resolution; LAWS50029 Contracts; LAWS50030 Property.

The Melbourne Law School welcomes applications from students with disabilities. It is University and Law School policy to take all reasonable steps to enable the participation of students with disabilities, and reasonable adjustments will be made to enhance a student’s participation in the School’s programs.

The inherent academic requirements for the study in the Melbourne Law School are:

1. The ability to attend classes and actively engage in the analysis of complex materials and debate;
2. The ability to read, analyse and comprehend complex written legal materials and complex interdisciplinary materials;
3. The ability to clearly and independently communicate in writing a knowledge and application of legal principles and interdisciplinary materials and critically evaluate these;
4. The ability to clearly and independently communicate orally a knowledge and application of legal principles and interdisciplinary materials and critically evaluate these;
5. The ability to work independently and as a part of a group;
6. The ability to present orally and in writing legal analysis to a professional standard.

Students must possess behavioural and social attributes that enable them to participate in a complex learning environment. Students are required to take responsibility for their own participation and learning. They also contribute to the learning of other students in collaborative learning environments, demonstrating interpersonal skills and an understanding of the needs of other students. Assessment may include the outcomes of tasks completed in collaboration with other students.

Students who feel their disability will prevent them from participating in tasks involving these inherent academic requirements are encouraged to contact the Disability Liaison Unit: http://www.services.unimelb.edu.au/disability/.

The purpose of this subject is to give students an understanding of the way in which commercial deals are structured, the common legal issues that arise and the role that lawyers perform in advising on and executing commercial deals. The issues are considered within the context of a couple of typical deals: a share purchase deal and a capital markets deal. Students will analyse the ways in which these deals are structured and study the common legal issues that arise in areas such as contract, property and torts. Drawing on the theories of scholar such as Ronald Gilson, students will consider the role of business lawyers as transaction cost engineers and the technical and professional challenges that they face in performing this role.

This subject is of particular interest to lawyers practicing or seeking to practise commercial law.

On completion of this subject, students should:

• Understand the structure of commercial deals;
• Identify the common legal issues that arise and how those issues are resolved under the laws of Australia;
• Understand the role of lawyers in advising on and executing commercial deals.
  

• A 2,500-word piece of written advice (40%);
• A 3-hour open-book examination (60%).

This subject is not available as a breadth subject.

On completion of the subject, students should have developed the following generic skills:

• The capacity to identify the commercial drivers behind a business acquisition;
• The capacity to apply core legal principles and concepts in the context of a commercial deal;
• The capacity for close reading and analysis of a range of sources;
• The capacity for critical and independent thought and reflection;
• The capacity to solve problems, including through the collection and evaluation of information;
• The capacity to communicate effectively in a range of oral and written formats;
• The capacity to identify and apply transactional skills, including negotiation and drafting, in the context of a business acquisition.