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  3. Commercial Law: Issues and Policies

Commercial Law: Issues and Policies (LAWS70336)

Graduate coursework level 7Points: 12.5On Campus (Parkville)

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Year of offer2017
Subject levelGraduate coursework Level 7
Subject codeLAWS70336
Availability(Quotas apply)
FeesSubject EFTSL, Level, Discipline & Census Date

The subject examines the building-blocks of commercial law and practice and the role they play in solving commercial disputes. These include a study of the commercial structures adopted by commercial parties, such as agency, joint ventures and other fiduciary relationships; the principles for passing title to tangible and intangible commercial property, including the rules governing assignments; the different kinds of security taken by commercial parties, as well as the principles governing the creation and protection of security interests. It also examines issues relating to the legal characterisation of commercial transactions; commercial litigation, with special reference to the remedies awarded; the role of proprietary remedies in protecting a claimant against defendant insolvency and how general law concepts apply to banks in commerce.

Students taking this subject will be assumed to have a basic knowledge of the principles of contract law, property law, equity and trusts, as applied in Australia or other legal jurisdictions.

Principal topics include:

  • The construction of commercial contracts
  • Structuring commercial activity, with special reference to agency, joint ventures and other fiduciary relationships
  • Sales contracts, with special references governing the passing of title
  • Assignments
  • The creation and protection of security interests
  • Commercial litigation, with special reference to remedies
  • Proprietary remedies and their impacts on commercial insolvency
  • The application of general law concepts to banks in commerce.

Intended learning outcomes

A student who has successfully completed this subject will:

  • Have an advanced and integrated understanding of the role played by legal concepts in structuring commercial transactions
  • Be able to examine, analyse and assess the effectiveness of legal rules applicable to commercial transactions
  • Be an engaged participant in debate regarding the operation and effectiveness of those legal rules and be able to make an informed contribution to debate about the reform of commercial law
  • Have a sophisticated appreciation of the considerations driving the development of the law in this field
  • Have the communication skills to articulate and convey complex information regarding the relevant legal principles and the authorities on which the principles are based to relevant specialist and non-specialist audiences
  • Have the cognitive and technical skills to be able to solve complex legal problems occurring in commercial practice.

Last updated: 11 January 2018