Commercial Dispute Resolution (LAWS5116)
UNIT OF STUDY
This course is aimed at giving specific dispute resolution skills to graduates who see themselves as practising actively in the business world, handling matters involving contract, finance and property. The workshops derive their substance from actual mediations and disputes. They involve some of the most frequently pleaded heads of law in commercial litigation, such as misleading and deceptive conduct, misrepresentation, and unconscionable conduct. For meaningful involvement in these workshops it will be necessary for students to become familiar, through the required readings, with the substantive law in these areas. The starting point for this subject is the theory of ADR in its various forms. When these are understood in the early stages of the course, it is then seen as beneficial to re-create realistically the dynamics of commercial disputes, involving as they do a complex mixture of substantive law, adversarial parties, unclear facts and hidden agendas. This is an opportunity for graduates to become aware of and embark on acquiring some practical skills needed to handle these situations. The teaching methodology is highly interactive and all class members are required to participate and contribute.
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Further unit of study information
1 x 4-hr seminar/week for 10 weeks
3,500wd research essay (45%) and assessable workshops (3x15%) and class participation (10%).
Faculty/department permission required?
Unit of study rules
LAWS3006, LAWS3416, LAWS3022
Study this unit outside a degree
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