LLAW1224 Advanced Contract [Writing II]

The control of contractual unfairness through judicial and legislative means has become an increasingly important issue for modern contract law. Building on the study undertaken in previous topics, this topic investigates the different ways in which contractual unfairness is addressed through the doctrine of unconscionability either in creating or avoiding liability. The areas covered include good faith (in negotiation, performance and termination of contract), duress, undue influence, unconscionability (in its own right), misinformation and privity of contract.

This topic will also provide advanced instruction and training on legal writing.

This topic aims to:

• Build on the study undertaken in Contract of the basic principles as to the nature, formation, content and enforcement of contracts with a specific focus on the role of good faith in negotiation, performance and termination of contract
• Provide students with an understanding and critical evaluation of the role of unconscionability in contract law, particularly in relation to the control of contractual unfairness, either in its own right or through the related concepts ofduress, undue influence, misinformation and privity
• Reinforce important the legal skills of case analysis, problem solving, and legal research as well as the ability to critically evaluate the legal rules and underlying policies
• Assist students to reach a high level of proficiency in written English

1. Demonstrate a deep understanding of how legislative, common law and equitable principles are used to resolve contractual disputes
2. Demonstrate understanding of the role played by concepts such as 'unconscionability', 'good faith' and 'fairness' in the enforcement of contractual obligations through research, writing and analyses
3. Critically evaluate the role played by concepts such as 'unconscionability', 'good faith' and 'fairness' in the enforcement of contractual obligations
4. Demonstrate understanding of the role of fairness-related concepts in a comparative international context
5. Demonstrate good written and oral communication skills
6. Demonstrate high-level case analysis and problem solving skills
7. Reflect on your own performance and appropriate strategies for improvement in response to feedback provided in tutorials, interim assessment and the final examination
8. Demonstrate clear and grammatical writing in English, including appropriate usage, spelling and punctuation