Commercial and consumer transactions 415
Professor A J Duggan
15 points * Three 1-hour lectures per week * First semester * Clayton * Prerequisites: See section 3 of the faculty resolutions
This subject focuses on the sale and supply aspects of commercial and consumer transactions. It will comprise the following topics: (1) the nature and sources of commercial law; (2) categories of commercial and consumer transactions; (3) misrepresentation and misleading conduct (including a detailed examination of div. 1 of part V of the Trade Practices Act 1974 (Cth); (4) the formal requirements for entry into contracts of sale and related kinds of agreements; (5) sellers' and manufacturers' liability for product defects (including a detailed examination of the product liability provisions of the Trade Practices Act and ss 18-20 and part IV of the Goods Act 1958 (Vic.); (6) the rules governing transfer of title to goods by a non-owner; (7) passing of property, risk and frustration; (8) remedies for breach of contract; (9) unconscionable contracts.
Assessment
Optional assignment: 30% * End-of-semester examination (2.5 hours): 70% * or end-of semester examination (3.5 hours): 100%