Units

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Sample subject outline - 6 Week Teaching Period - 6 2012

Note: Subject outlines often change before the semester begins. Below is a sample outline.

Rationale

A comprehensive understanding of the principles of contract law and how they are applied in a commercial context is essential to practice as a lawyer in any field. This unit will give you an opportunity to undertake further study of contract law at an advanced level and enhance your knowledge of contract interpretation and enforcement in the context of commercial contracts.. The unit forms part of the Commercial Law specialist stream of the LLM.

Aims

The Aim of the unit is to enhance your understanding of the modern rules of and interpretation of commercial contracts to better enable you to interpret these types of agreements and to create an awareness of the judicial trends in enforcement of contracts through an examination of contractual remedies.

Objectives

At the conclusion of this unit, you will be able to demonstrate:
1. A deeper understanding of the principles behind the interpretation of modern commercial contracts
2 An improved understanding and familiarity with the construction and interpretation of specific commonly encountered conditions in commercial contracts
3. A deeper appreciation of how this interpretation may affect remedies for breach
4. An ability to engage in oral discourse on the above matters and communicate complex ideas and concepts to a listening audience
5. Advanced written and critical analysis skills within the context of the contemporary law governing commercial contracts
6. A high level of research skills in the area of contract theory

Content

The content in this unit assumes a previous knowledge of basic contract law as applied in a common law jurisdiction. This unit will cover:
1.Introduction to the background literature, including judgments, relating to changes to the construction of commercial contracts from the "literal" to the purposive interpretation.
2.The use of extrinsic material to construe a commercial contract and the extent to which prior antecedent negations may inform the construction of a written agreement (particularly in the case of ambiguity of a term)
3.Consideration of commonly found clauses in commercial contracts, more particularly force majeure clauses, exclusion clauses, entire contract clauses, novation and assignment, illusory clauses, third party beneficiary clauses, restraint of trade, liquidated damages clauses, dispute resolution
4.The extent of the recognition of implied terms, especially good faith, in the construction of commercial contracts
5.Enforcement of commercial contracts, especially in the calculation of damages, rectification ,illegality, injunctions and restitution

Approaches to Teaching and Learning

The unit will be delivered in intensive mode over a period of 26 hours face to face delivery over 5 consecutive days of 5-6 hours teaching per day. The classes will consist of introductory remarks by the instructors, interactive class discussion of the topic based upon prepared questions followed by class participation in the resolution of case studies directly relating to the issues discussed in the class. You will be expected to have some familiarity with the material set as readings and be capable of conducting a meaningful dialogue with the instructors and fellow students. This unit will not be taught externally. A Blackboard site will be available.
You will also be able to consult the instructors on an informal basis about any aspect of the unit at times to be specified throughout the intensive teaching period and prior to the submission date for the research paper.

Assessment

There will be both summative and formative assessment. The summative assessment will occur through your participation in class discussion and through the preparation and submission of a research paper. The formative assessment will be given in response to the submission of your research methodology as part of the preparation of your research paper and during the class discussions in which you will be required to participate.You will be provided with written feedback on your research methodology and your written research paper. You will be provided with oral feedback during class discussions and during any consultation period arranged during the period of the intensive.

Assessment name: Research Methodology
Description: You will be required to submit a short written (not in excess of 1 page) outline of your research paper topic and a research methodology by the end of 2 weeks after the completion of classes. Written feedback will be given to you on the topic and methodology, including suggestions for improvement.
Relates to objectives: The assessment is linked to learning outcomes 1,2,3 and 5
Internal or external: Internal
Group or individual: Individual
Due date: 2 wks after class

Assessment name: Research Paper
Description: You will be required to submit a typed 5000-6000 word (maximum) research paper based upon the research methodology approved by the instructor/s and taking into account the feedback provided to you in relation to the methodology. The paper should be submitted no later than 8 weeks after the completion of classes. This paper will be assessed upon the following Criteria:

• Originality of approach to subject matter;


• Relevance to issues raised in written material and oral discussion;


• Depth of critical analysis revealed;


• iUse of correct spelling and syntax;


• Clarity and conciseness of expression;


• Whether paper is of publishable standard in learned or professional journal;
• 
  

-Degree of use of proper presentation techniques eg. Paragraphing, headings, subheadings, footnotes.
Relates to objectives: The assessment is linked to learning outcomes 1, 2,3, 4 and 5
Weight: 70%
Internal or external: Internal
Group or individual: Individual
Due date: 8 wks after class

Assessment name: Discussion Forum
Description: This summative assessment will be based upon the following criteria:

• Extent of active participation in class discussion;


• Extent to which pre-class preparation is revealed through this participation;


• Your ability to articulate complex ideas clearly and simply;


• Your ability to listen to the discussion and respond to questions asked in an appropriate way

Relates to objectives: The assessment is linked to learning outcome 4
Weight: 30%
Internal or external: Internal
Group or individual: Individual
Due date: During Class

Academic Honesty

QUT is committed to maintaining high academic standards to protect the value of its qualifications. To assist you in assuring the academic integrity of your assessment you are encouraged to make use of the support materials and services available to help you consider and check your assessment items. Important information about the university's approach to academic integrity of assessment is on your unit Blackboard site.

A breach of academic integrity is regarded as Student Misconduct and can lead to the imposition of penalties.

Resource materials

There is no prescribed text for this unit. Materials will be made available to students in print form and on the Blackboard site for the unit.

Risk assessment statement

There are no out of the ordinary risks associated with this unit.

Disclaimer - Offer of some units is subject to viability, and information in these Unit Outlines is subject to change prior to commencement of semester.

Last modified: 30-Apr-2012