Note: This is an archived Handbook entry from 2016.
|Dates & Locations:|| |
This subject is not offered in 2016.
|Time Commitment:||Contact Hours: The total class time is between 24 and 26 hours. |
Total Time Commitment:
The pre-teaching period commences four weeks before the subject commencement date. From this time, students are expected to access and review the Reading Guide that will be available from the LMS subject page and the subject materials provided by the subject coordinator, which will be available from Melbourne Law School. Refer to the Reading Guide for confirmation of which resources need to be read and what other preparation is required before the teaching period commences.
|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:
‘Unconscionability’ increasingly underpins a number of vitiating factors, excuses, complaints or ‘liabilities’ in contract and commercial law. It is now a large and highly relevant subject. This subject explores the nature, development and meaning of ‘conscience‘, and conscience-based reasoning, in connection with legal commercial relations in Anglo-Australasian law. It combines both theoretical and doctrinal analysis of core areas of contract and commercial law, including misrepresentation, estoppel, unfair pressure (or duress), undue influence, unconscionable dealing, and the Yerkey/Garcia ‘special equity’ doctrine. It also explores ‘statutory’ unconscionability, for example under Part 2-2 of Chapter 2 of the Australian Consumer Law. Through these doctrines and statutory provisions, the subject aims to expose and dissect core values, themes and assumptions expressed and administered by contract and commercial law in Australia (and beyond). The lecturer has published extensively in Australia and overseas on most of the topics canvassed in the subject. He has won several Melbourne Law School teaching awards or honours, as well as a national teaching excellence award (from the New Zealand government).
Principal topics will include:
A student who has successfully completed this subject should:
Take-home examination (100%)
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/LAWS70383/2012|
This subject has a quota of 30 students. Please refer to the website www.law.unimelb.edu.au/masters/courses-and-subjects/subjects/subject-timing-and-format for further information about the management of subject quotas and waitlists.
Graduate Diploma in Legal Studies |
Master of Commercial Law
Master of Laws
Master of Private Law
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