CLP1 Remedies in Commercial Disputes

What is this subject about?

This subject is the point of entry into the Program and analyses commercial arrangements. Reflecting common experience, contractual principles will be the focus, with regard also to tort, equity and statutory causes of action, and the remedies available.  This subject aims to provide insight into the complexities of the typical commercial context in which litigators have to operate, and sets the scene for the rest of the course.

What will I learn while studying this subject?

At the end of this subject you will be able to:

• identify and describe the range and nature of remedies available to aggrieved persons in commercial arrangements
• generate tactics suitable to issues within remedies
• select and match remedies to particular case needs by reference to client type, claim type and strategic context
• apply skills of analysis, problem solving and strategy to formulating courses of action, in particular scenarios
• demonstrate discrimination and choice in the management of ethical questions that arise in the course of formulating strategies for commercial litigation

Topics in this subject will include:

• Understanding commercial arrangements and advising on commercial disputes
• Contracts - the building blocks of commercial arrangements
• Identifying the contractual terms
• Cutting across contracts
• Termination without breach: frustration and mistake
• Termination for breach of contract
• Statutory overlays on contracts
• Negligence, misrepresentation and s 52 of the Trade Practices Act
• Fiduciary relationships, equity and restitution
• Damages and other forms of relief
• The ethical dimension  

How will I be assessed?

Assessment in this subject will be based on:

• satisfactory participation in the program
• written advice to client assignment (20%)
• a simulation exercise (20%)
• problem solving viva voce exam (60%)