LLAW1224 Advanced Contract [Writing II]

2020

4.5

1 x 110-minute lecture weekly
1 x 50-minute tutorial weekly

1 Admission into BLAWLP-Bachelor of Laws and Legal Practice
1a Admission into BLAWLPG-Bachelor of Laws and Legal Practice (Graduate Entry)
1b Admission into BLAWLPR-Bachelor of Laws and Legal Practice
1c Admission into BLAWLPRG-Bachelor of Laws and Legal Practice (Graduate Entry)
1d Admission into BLAWLPRH-Bachelor of Laws and Legal Practice (Honours)
1e Admission into BLAWLPRGH-Bachelor of Laws and Legal Practice (Graduate Entry) (Honours)
2 1 of LLAW1211, LLAW1101
3 1 of LLAW1214, LLAW1105
Must Satisfy: ((1 or 1a or 1b or 1c or 1d or 1e) and 2 and 3)

1 of LLAW2103, LLAW2312 has been successfully completed

Examination 50%; Assignments; Tutorial participation.

The control of contractual unfairness through judicial and legislative means has become an increasingly important issue for modern contract law. Building on the study undertaken in LLAW 1214 Contract, this topic looks at the different ways in which contractual unfairness is addressed through the doctrine of unconscionability either in creating or avoiding liability. The areas covered include good faith (in negotiation, performance and termination of contract), duress, undue influence, unconscionability (in its own right), misinformation and privity of contract.

This topic will also provide advanced instruction and training on legal writing.

This topic aims to:

• build on the study undertaken in Contract of the basic principles as to the nature, formation, content and enforcement of contracts with a specific focus on the role of good faith in negotiation, performance and termination of contract
• provide students with an understanding and critical evaluation of the role of unconscionability in contract law, particularly in relation to the control of contractual unfairness, either in its own right or through the related concepts ofduress, undue influence, misinformation and privity
• reinforce important the legal skills of case analysis, problem solving, and legal research as well as the ability to critically evaluate the legal rules and underlying policies
• assist students to reach a high level of proficiency in written English

It is expected that on completion of this topic students will be able to demonstrate:

• a deep understanding of how legislative, common law and equitable principles are used to resolve contractual disputes
• (through research, writing and analysis) an understanding of the role played by concepts such as 'unconscionability', 'good faith' and 'fairness' in the enforcement of contractual obligations
• the ability to critically evaluate the role played by concepts such as 'unconscionability', 'good faith' and 'fairness' in the enforcement of contractual obligations
• the ability to place their understanding of the role of fairness-related concepts in a comparative international context
• good written and oral communication skills
• high-level case analysis and problem solving skills
• reflection on their own performance and appropriate strategies for improvement in response to feedback provided in tutorials, interim assessment and the final examination
• clear and grammatical writing in English, including appropriate usage, spelling and punctuation