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Contract Law in Asia (LAWS90291)
Graduate courseworkPoints: 12.5On Campus (Parkville)
About this subject
- Overview
- Eligibility and requirements
- Assessment
- Dates and times
- Further information
- Timetable (login required)(opens in new window)
Contact information
July
Lecturer
Qiao Liu (Coordinator)
Email: law-masters@unimelb.edu.au
Phone: 13 MELB (13 6352), International: +(61 3) 9035 5511
Website: law.unimelb.edu.au
December
Lecturer
Ying-Chieh Wu (Coordinator)
Email: law-masters@unimelb.edu.au
Phone: 13 MELB (13 6352), International: +(61 3) 9035 5511
Website: law.unimelb.edu.au
Overview
Availability | July December |
---|---|
Fees | Look up fees |
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: 10 May 2024
Eligibility and requirements
Prerequisites
Note: the following subject/s can also be taken concurrently (at the same time)
Code | Name | Teaching period | Credit Points |
---|---|---|---|
LAWS70217 | Fundamentals of the Common Law |
September (On Campus - Parkville)
April (On Campus - Parkville)
July (On Campus - Parkville)
March (On Campus - Parkville)
|
12.5 |
Corequisites
None
Non-allowed subjects
None
Recommended background knowledge
Recommended Knowledge: contract law in each student's own jurisdiction.
Inherent requirements (core participation requirements)
The University of Melbourne is committed to providing students with reasonable adjustments to assessment and participation under the Disability Standards for Education (2005), and the Assessment and Results Policy (MPF1326). Students are expected to meet the core participation requirements for their course. These can be viewed under Entry and Participation Requirements for the course outlines in the Handbook.
Further details on how to seek academic adjustments can be found on the Student Equity and Disability Support website: http://services.unimelb.edu.au/student-equity/home
Last updated: 10 May 2024
Assessment
Description | Timing | Percentage |
---|---|---|
Class participation | Throughout the teaching period | 10% |
Oral presentation
| During the teaching period | 20% |
Take-home exam
| July: 30 August - 2 September 2024 | December: 7 February - 10 February 2025 | 70% |
Last updated: 10 May 2024
Dates & times
- July
Mode of delivery On Campus (Parkville) Contact hours Total time commitment 150 hours Pre teaching start date 17 June 2024 Pre teaching requirements Please refer to the Reading Guide on the LMS subject page for confirmation of which resources need to be read and what other preparation is required before the teaching period commences. Teaching period 15 July 2024 to 19 July 2024 Last self-enrol date 21 June 2024 Census date 16 July 2024 Last date to withdraw without fail 2 August 2024 Assessment period ends 2 September 2024 July contact information
Lecturer
Qiao Liu (Coordinator)
Email: law-masters@unimelb.edu.au
Phone: 13 MELB (13 6352), International: +(61 3) 9035 5511
Website: law.unimelb.edu.au - December
Mode of delivery On Campus (Parkville) Contact hours Total time commitment 150 hours Pre teaching start date 13 November 2024 Pre teaching requirements Please refer to the Reading Guide on the LMS subject page for confirmation of which resources need to be read and what other preparation is required before the teaching period commences. Teaching period 11 December 2024 to 17 December 2024 Last self-enrol date 18 November 2024 Census date 12 December 2024 Last date to withdraw without fail 10 January 2025 Assessment period ends 10 February 2025 December contact information
Lecturer
Ying-Chieh Wu (Coordinator)
Email: law-masters@unimelb.edu.au
Phone: 13 MELB (13 6352), International: +(61 3) 9035 5511
Website: law.unimelb.edu.au
What do these dates mean
Visit this webpage to find out about these key dates, including how they impact on:
- Your tuition fees, academic transcript and statements.
- And for Commonwealth Supported students, your:
- Student Learning Entitlement. This applies to all students enrolled in a Commonwealth Supported Place (CSP).
Subjects withdrawn after the census date (including up to the ‘last day to withdraw without fail’) count toward the Student Learning Entitlement.
Last updated: 10 May 2024
Further information
- Texts
Prescribed texts
Specialist materials will be made available via the LMS in the pre-teaching period.
- Related Handbook entries
This subject contributes to the following:
Type Name Course Master of Laws Course Graduate Diploma in Laws Course Graduate Diploma in Asian Law Course Master of Private Law Course Master of Commercial Law - Links to additional information
- Available through the Community Access Program
About the Community Access Program (CAP)
This subject is available through the Community Access Program (also called Single Subject Studies) which allows you to enrol in single subjects offered by the University of Melbourne, without the commitment required to complete a whole degree.
Entry requirements including prerequisites may apply. Please refer to the CAP applications page for further information.
Additional information for this subject
If required, please contact law-masters@unimelb.edu.au for subject coordinator approval.
- Available to Study Abroad and/or Study Exchange Students
This subject is available to students studying at the University from eligible overseas institutions on exchange and study abroad. Students are required to satisfy any listed requirements, such as pre- and co-requisites, for enrolment in the subject.
Last updated: 10 May 2024