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Unit of study_

LAWS6250: Controlling Liability by Contract

2020 unit information

This unit brings together the doctrinal, theoretical and practical issues raised by contract risk management, especially the control of liability for breach of contract and negligence. The unit will consider: categories of risk; drafting options; protection of third parties; statutory control of risk management devices, including the Trade Practices Act 1974 (Cth); contract drafting and management issues. The drafting options which are considered include the use of exclusion clauses, indemnity provisions and force majeure clauses. The operation of these types of clauses, and the relevant common law and statutory rules, will be considered in the context of various types of contracts, but with particular emphasis on contracts for the provision of services and sale of goods. One particular feature of the course is a consideration of the operation of the privity rule in the context of risk management. Thus, issues such as the protection of related bodies corporate and the liability of agents and sub-contractors are dealt with in some detail.

Unit details and rules

Managing faculty or University school:

Sydney Law School

Study level Postgraduate
Academic unit Law
Credit points 6
Prerequisites:
? 
None
Corequisites:
? 
None
Prohibitions:
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None
Assumed knowledge:
? 
undergraduate law degree

At the completion of this unit, you should be able to:

  • LO1. Consider the theoretical and practical issues raised by contractual risk management. The unit of study therefore involves a consideration of doctrinal issues and the more practical problems of contract drafting and administration, from a risk management perspective.
  • LO2. Develop a range of skills, including the ability to analyse and draft contract provisions controlling legal liability.

Unit availability

This section lists the session, attendance modes and locations the unit is available in. There is a unit outline for each of the unit availabilities, which gives you information about the unit including assessment details and a schedule of weekly activities.

The outline is published 2 weeks before the first day of teaching. You can look at previous outlines for a guide to the details of a unit.

There are no availabilities for this year.
Session MoA ?  Location Outline ? 
Intensive February - March 2020
Block mode Camperdown/Darlington, Sydney
Outline unavailable

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Modes of attendance (MoA)

This refers to the Mode of attendance (MoA) for the unit as it appears when you’re selecting your units in Sydney Student. Find more information about modes of attendance on our website.