Commercial Law: Issues and Policies (LAWS70336)

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.