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Contract Law in Asia (LAWS90291)

Graduate courseworkPoints: 12.5On Campus (Parkville)

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Overview

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This subject is designed as a comparative study across key Asian jurisdictions, and arranged around a number of distinct contract law problems. We will survey and apply Asian contract law critically and creatively. The subject places particular emphasis on legal solutions provided by Asian courts to practical problems arising in real life.

In this subject, students are asked to think critically and beyond national barriers about the ‘law as applied’ and to investigate its structures, principles, policies, and values. It aims, as far as possible, to equip students with a deeper understanding of how contract law works ‘in action’ and the fundamentally distinct philosophies (for example Confucianism), policies, methodologies and legal techniques used by Asian jurists, compared to those favoured by their common law (English or Australian) counterparts. It also aims to help students to make better and more creative use of relevant legal resources to frame effective arguments. 

To achieve these aims, we will adopt a distinctly problem-oriented approach by focusing on the law as applied by courts and its jurisprudential basis. Students will be provided a reading list, carefully selected and arranged materials, including statutes (including Civil Code and, in the case of Chinese mainland, judicial interpretations issued by the Supreme People’s Court), cases (such as Guiding Cases issued by the SPC) and secondary materials (all made available in English), a list of questions for discussion in each seminar and one or more case/problem scenario for in-depth investigation in class. 

Principal topics will include: 

  • Concept, function, history and fundamental principles of Asian contract law;
  • Contract negotiation and procedural fairness, including pre-contractual liability (Culpa in contrahendo);
  • Contract formation and bargain, including offer and acceptance;
  • Mistake and unfair terms;
  • Contract terms and interpretation; 
  • Termination of contract for non-performance or a supervening event;
  • Remedies for breach of contract; 
  • Third party rights/obligations;
  • Contract-related unjustified/unjust enrichment.

Intended learning outcomes

On completion of this subject, students should be able to:

  • Examine, analyse and critically explain the main substantive rules pertaining to the contract law in Asia.
  • Analyse and critically appraise issues and concerns in the field of contract law and its operation of the substantive rules.
  • Interpret and critically assess the objectives of the law and the practical implications of the rules in their social contexts, and their roles and functions in Asian societies.
  • Discern and investigate issues relevant to the fundamental doctrines of contract law in Asia, and apply the spirit, principles and rules of contract law in order to solve legal problems.
  • Recognise the differences in private law concepts and doctrines as well as practical operation thereof between distinct Asian jurisdictions, and devise innovative solutions, interpretations and, reform suggestions from comparative law exercises.

Generic skills

  • Students will acquire knowledge of the substantive contract laws of the key Asian jurisdictions covered in the course.
  • Students will, by taking part in problem-solving exercises, as well as through reading, preparation and seminar discussion, develop their analytical and critical and innovative thinking capabilities.
  • Analysing and resolving problems in contract law scenarios in Asia
  • Communicating solutions orally and in writing clearly, coherently and accurately in their own words and in plain language

Last updated: 5 June 2024