LAWS3025/JURD7325 Advanced Contract Law

Lecturer: Denis Harley

What is the course about?

This course is about:

  •  conditionality of contractual obligations, and the consequences of fulfilment/performance

of conditions (and their non-fulfilment/non-performance);

  •  actual and anticipated breaches of contract and their various consequences;
  •  rights  to terminate contracts before their natural expiry, how and when they may be

exercised, and the consequences of their exercise; and

  •  associated remedies

Why does the subject interest you?

The course engages directly with real-life commercial contract law. It is taught without a textbook (with only a case book), using the relevant principles for its structure, and follows a carefully selected succession of leading Australian and English cases. Students’ interest is maintained by the obviously realistic nature of the problems discussed, and by the often striking facts of the cases themselves, which are mostly presented to the class by students rather than the teacher.

Do you have any advice to give students who are interested in taking this course?

This is a course for those interested in understanding how the law resolves practical commercial problems, and those who find the analysis of real-life commercial cases stimulating. Expect your ability to analyse and extract principles from reported cases to be first challenged and then developed. This course may be the one you have to work hardest on in the semester – but also the one which most captures your interest!

How will this course be relevant in the future?

Most areas of commercial legal practice are founded on the law of contract. This course will greatly increase your insight into, and confidence in handling, practical commercial disputes. For those working in commerce and banking, having undertaken this course will mean that you have a significantly greater understanding of the importance of the negotiated terms of commercial contracts, and of the issues that are likely to arise if a commercial relationship breaks down part way through the term of the parties’ contract.