Leader: Mr Mark Hayes

Offered

City (Melbourne) Trimester 2 2008 (On-campus block of classes)

Synopsis

This unit will deal with the general principles of contract, including formation of contract; discharge of contract; issues concerning performance of contracts (including variations); assigning and novating contracts; and remedies for breach of contract. It will also address sections 186 and 189 of the Local Government Act 1989 dealing with tendering requirements as well as Division 3 of Part 9 of that Act which concerns best value. The Department for Victorian Communities' Local Government Procurement Guidelines and the application of National Competition Policy to procurement will also be discussed.

Objectives

A student who has successfully completed this subject should:

1. be familiar with the general principles of contract, including formation of contract and discharge of contract and issues concerning performance of contracts (including variations);
2. be aware of the legal principles that pertain to assigning and novating contracts and the remedies for breach of contract;
3. understand the relevance and application of sections 186 and 189 of the Local Government Act 1989 (Vic) relating to tendering requirements and those of Division 3 of Part 9 of the Act pertaining to the obligation to obtain best value;
4. be familiar with the Department for Victorian Communities' Local Government Procurement Guidelines;
5. understand the application of National Competition Policy to procurement in a Local Government context; and
6. be able to analyse problems and to write clearly, concisely and logically on issues relating to contracts for the procurement of goods and services in the administration of Local Government responsibilities.

Assessment

One research assignment (3,750 words): 50% and One take-home examination (3,750 words): 50%

Contact hours

24 Hours

Prerequisites

LAW7212

Co-requisites

Nil

Prohibitions

Nil