Monash University Handbook 2010 Postgraduate - Unit

Synopsis

This subject gives students an understanding of the fundamental principles and concepts of contract law and of the policies underlying them. It will examine first the common law of contract, then cover the legislative provisions overlaying the common law, such as the Trade Practices Act. Finally students will be introduced to the key elements of international trade contracts and related issues such as jurisdictional issues. The subject will satisfy the requirements of the Council of Legal Education for admission to practice.

Objectives

On completion of this subject students will have:

1. acquired an understanding of the fundamental concepts of the common law of contract, including formation, terms, breach and damages;
2. acquired a familiarity with the principal Federal and State legislation affecting contracts and the ability to analyse and apply this legislation to contractual situations;
3. developed an understanding of the issues arising in the context of international trade contracts;
4. developed the ability to analyse disputes arising from a contractual relationship and to give appropriate advice to clients involved in such disputes;
5. further developed skills in caselaw analysis and statutory interpretation.

Assessment

Memorandum of Advice: requiring students to analyse a set of instructions from a client involved in a contract dispute and prepare a detailed memorandum of advice: 30%

Contact hours

2 hours per week x 12 weeks

Co-requisites

LAW7212 and LAW7079.

Prohibitions

LAW2100.