units

LAW5444

Faculty of Law

18 September 2017 22 December 2024

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This unit entry is for students who completed this unit in 2016 only. For students planning to study the unit, please refer to the unit indexes in the the current edition of the Handbook. If you have any queries contact the managing faculty for your course or area of study.

Monash University

6 points, SCA Band 3, 0.125 EFTSL

Postgraduate - Unit

Refer to the specific census and withdrawal dates for the semester(s) in which this unit is offered.

Faculty

Law

Quota applies

Postgraduate programs are based on a model of small group teaching and therefore class sizes need to be restricted.

Offered

Not offered in 2016

Notes

For postgraduate Law discontinuation dates, please see http://www.law.monash.edu.au/current-students/postgraduate/pg-disc-dates.html
For postgraduate Law unit timetables, please see http://law.monash.edu.au/current-students/course-unit-information/timetables/postgraduate/index.html

Synopsis

Students will analyse issues in a range of specialised contracts such as franchise agreements, licence agreements, finance agreements, and/or construction contracts, with an emphasis on practical drafting techniques. They will also examine contemporary issues in contract law, such as recent developments in the rule relating to penalties, and treatment of dispute resolution clauses. Given the importance of global trade, the unit will also provide insight into international contractual dealings, including international laws and principles relating to cross-border commercial sales and other transactions, and evaluate how these affect contractual dealings. These will also provide the background to the current shape of contract law and its application in practice, as well as a providing a basis for critical analysis of the law.

Outcomes

On completion of this unit students will be able to:

  • apply knowledge of, and understanding of specialized types of contracts and cross-border transactions with creativity and initiative to new situations in professional practice and/or for further learning;
  • investigate, analyse and synthesise complex information, problems, concepts and theories in relation to international commercial contracts and specialized types of contracts;
  • conduct research in specialist and international commercial contracts based on knowledge of appropriate research principles and methods;
  • use cognitive, technical and creative skills to generate and evaluate at an abstract level complex ideas and concepts relevant to cross-border commercial transactions and specialized types of contracts.

Assessment

Attendance: 10%
Three assignments (2,250 words each) including at least two practical drafting exercises:
90%

Workload requirements

24 contact hours per teaching period (either intensive, semi intensive or semester long, depending on the Faculty resources, timetabling and requirements)

Prerequisites

For JD students: LAW5002 & LAW5005