Commercial Law: Principles and Policies
Subject LAWS70336 (2012)
Note: This is an archived Handbook entry from 2012.
Credit Points: | 12.50 | ||||||||||||
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Level: | 7 (Graduate/Postgraduate) | ||||||||||||
Dates & Locations: | This subject has the following teaching availabilities in 2012: August, Parkville - Taught on campus.
Timetable can be viewed here. For information about these dates, click here. | ||||||||||||
Time Commitment: | Contact Hours: The total class time is between 24 and 26 hours. Total Time Commitment: Not available | ||||||||||||
Prerequisites: | Undergraduate degree in law, or appropriate practical experience | ||||||||||||
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/ |
Coordinator
Prof Michael BryanContact
For more information, contact the Melbourne Law Masters office.
Email law-masters@unimelb.edu.au or phone +61 3 8344 6190.
Alternatively, visit our website:
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 will be 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. Both teachers have written and taught extensively. Principal topics will include:
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Objectives: |
A student who has successfully completed this subject should:
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Assessment: |
Seminar paper presentation (10%) 3-hour examination (90%) (5 October) or 10,000 word research paper (90%) (22 November) on a topic approved by the subject coordinator |
Prescribed Texts: |
Core subject materials will be provided free of charge to all students. Some subjects require further texts to be purchased. Visit the Melbourne Law Masters website for more information about this subject. |
Breadth Options: | This subject is not available as a breadth subject. |
Fees Information: | Subject EFTSL, Level, Discipline & Census Date |
Links to further information: | http://www.law.unimelb.edu.au/masters/courses-and-subjects/subject-details/sid/5144 |
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