Note: This is an archived Handbook entry from 2013.
|Dates & Locations:|| |
This subject is not offered in 2013.
|Time Commitment:||Contact Hours: The total class time is between 24 and 26 hours. |
Total Time Commitment: Not available
|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/
For more information, contact the Melbourne Law Masters office.
This subject will explore a fundamental question affecting commercial law, namely: what are the standards of conduct demanded by our legal system in commercial dealings? Topics will include: good faith and fair dealing, unconscionable dealing, fiduciary duties, breach of confidence, estoppel, mistake, remoteness and remedies. The effect of these standards will be considered throughout the life of a transaction; negotiations, performance and termination of the relationship. The subject will address a range of transaction types, including long-term contracts, joint ventures, franchises and service relationships. The subject will also address the flexible use of remedies in responding to breaches of the relevant standards. Common law, equitable doctrines and statute, such as the Australian Consumer Law, will be considered, along with overseas equivalents. Comparisons will be made between Australian approaches and those in other jurisdictions, including New Zealand, Singapore, Canada, India, England and the United States. The subject will identify areas of overlap and also of best practice.
The subject will be relevant to transaction lawyers involved in planning and ingratiating deals and in drafting contracts, and lawyers advising corporations and small businesses on their legal duties in the marketplace and commercial litigators.
Principal topics will include:
A student who has successfully completed this subject will:
Take-home examination (100%) (28 June–1 July)
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/subject/LAWS70438/2013|
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