LAWS6872 - Contract Negotiation

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Objectives

  • Examine the legal principles that provide the overarching framework within which contract negotiations take place.
  • Concentrate on requirements of certainty and good faith and the issues that can arise in re-negotiating terms in long-term contractual relationships.
  • Participate in a simulated contractual negotiation, in which the class will be split into teams of 3 to 5 (depending upon class size) for a "team against team" negotiation.

Content

Standard form contracts and negotiated contracts; "agreements to agree" and the requirements of certainty; "long-term" contractual relationships and the use of hardship and intervener clauses; "good faith" negotiations and negotiation techniques.

Session

Semester 1 Intensive
Session 104 (Sydney Law School)
8-12 April 2013


Semester 1 Intensive
Session 106 (Robinson College, Cambridge, UK)
Sydney Law School in Europe
3-7 June 2013

Please visit the Sydney Law School in Europe.

The timetable is subject to frequent changes. Please refer to the latest version of the Postgraduate Timetable.

Please note: This unit has a restricted class size.

Assessment

Session 104, Sydney Law School

  • Simulated Negotiation in Teams (in class) (30%)
  • 1 x Two Hour Exam (70%)

Session 106, Cambridge, UK

  • Simulated Negotiation in Teams (in class) (30%)
  • Take-Home Exam (70%)

Pre-Requisite

Completed Contract Law in an undergraduate law degree.

Required reading

  • Contract Law in Australia, J.W. Carter, E.Peden and G.J.Tolhurst, 5th edition, LexisNexis/Butterworths, 2007.
  • Getting to Yes, Roger Fisher and William Ury, revised edition with Bruce Patton, Random House, 1991 and Houghton Mifflin Books, 1994.

Recommended reading

  • Cases and Materials on Contract Law in Australia, J.W. Carter, E.Peden and G.J.Tolhurst, 5th edition, LexisNexis/Butterworths 2007.
  • Treitel's The Law of Contract, 12th edition by Edwin Peel, Sweet & Maxwell, 2007.
  • The Heart and Mind of the Negotiator, Leigh Thompson, 3rd edition, Pearson Prentice Hall, 2009.

Courses this unit is available in

Master of Laws | Graduate Diploma in Law | Master of Global Law | Master of Business Law | Graduate Diploma in Commercial Law