Handbook

The course examines systematically and in-depth (to an extent not feasible in basic undergraduate Contract law courses) major principles of Australian law governing the performance, breach and termination of many commercial and conveyancing transactions. It is primarily concerned with complex applications of general contract law principles rather than the more specific rights that are sometimes conferred by statutes dealing with "consumer" contracts. As well as investigating many practical problems in applying the law, the course makes a sustained attempt to assist students to discern frequently unrecognised interrelations between legal principles, and thus to acquire a better integrated view of an area of law which (despite its practical importance) is widely regarded as amorphous and highly challenging. The course addresses a range of difficult practical, legal and evidentiary questions that have been raised in recent appellate judgements but often remain incompletely answered.

Main Topics

• Contingent conditions precedent to performance
• Promissory and concurrent conditions
• Discharge by performance
• Nature of breach
• Entitlement to terminate for breach and repudiation
• Entire and severable contracts
• Affirmation following serious breach
• Nature and consequences of termination for serious breach