LLH470 Commercial Contracts in Practice
To view more information for this unit, select Unit Outline from the list below. Please note the teaching period for which the Unit Outline is relevant.
| Unit code: | LLH470 |
|---|---|
| Prerequisite(s): | LLH305. LLH305 can be studied in the same teaching period as LLH470. |
| Antirequisite(s): | LLB441 |
| Credit points: | 12 |
| Timetable | Details in HiQ, if available |
| Availabilities |
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| CSP student contribution | $2,040 |
| Pre-2021 CSP student contribution | $1,597 The pre-2021 commonwealth supported place (CSP) contribution amount only applies to students enrolled in a course prior to 2021. To learn more, visit our Understanding your fees page. |
| Domestic tuition unit fee | $3,024 |
| International unit fee | $4,044 |
Unit Outline: Semester 2 2024, Gardens Point, Internal
| Unit code: | LLH470 |
|---|---|
| Credit points: | 12 |
| Pre-requisite: | LLH305. LLH305 can be studied in the same teaching period as LLH470. |
| Anti-requisite: | LLB441 |
| Coordinator: | Catherine Brown | catherine.brown@qut.edu.au |
Overview
An advanced knowledge of contract law principles and their interaction with principles of equity and property law within the Australian context is crucial for all lawyers involved in negotiating, reviewing and drafting commercial agreements. The unit draws upon the fundamental principles of contract, equity and property studied earlier in your degree to examine at an advanced level the interaction of these principles in the context of common commercial transactions, including sales, leases and share sale agreements. Relevant regulatory provisions are also examined where applicable. The unit provides an opportunity for you to gain an enhanced understanding of the common practical issues related to the negotiation, drafting and interpretation of common clauses in commercial agreements, as well as the use of generative artificial intelligence (Gen AI) tools in this context.
Learning Outcomes
On successful completion of this unit you will be able to:
- Apply the principles of contract, equity and property to analyse common commercial transactions and solve real world problems, using advanced legal reasoning, critical and creative thinking, and technology, while taking into account policy considerations and relevant contextual issues (CLOs 1.1, 1.3, 2.1, 2.2)
- Interpret and draft common clauses in commercial contracts using relevant principles of contract interpretation law to solve real world problems (CLOs 1.1, 2.1)
- Plan and manage an independent research project related to complex and advanced areas of law (CLOs 3.1, 3.2, 3.3)
- Communicate legal advice to clients and the progress and outcomes of your research concisely and persuasively in writing to identified stakeholders (CLOs 3.3, 4.1)
Content
The subject matter covered in the unit includes:
1. Overview of commercial transactions, including purpose of transactions, objectives of parties, applicable common law principles (contract, equity, property) and applicable statutes;
2. General principles of contract interpretation applied in the context of common contract clauses and the use of Gen AI;
3. Common risk allocation clauses; including exclusion clauses, indemnities and guarantees, liquidated damages, entire agreement clasues and warranties;
4. Common performance obligations; including implication of terms particularly good faith and the duty to cooperate, force majeure clauses, contingent conditions, best endeavours obligations, further assurance and notice provisions; and
5. Common termination and remedial clauses; inlcuding assignment and novation clauses, liquidated damages clauses, termination for convenience clauses, clauses excluding or limiting statutory remedies.
Learning Approaches
This unit employs an active, collaborative and blended approach to learning. It involves an online, self-led learning practice and live tutorials where you will learn from experts and your peers. Prior to workshops, you will be supported and engaged in this unit through the delivery of weekly unit material, podcasts delivered by experts, formative learning activities, and collaborative discussions that will introduce a range of practical and theoretical perspectives.
Your participation in the unit will include:
- Independent engagement with online materials
- Interactive workshops providing you with opportunities to apply your
advanced knowledge skills to real world problems and case scenarios - Discussions on Canvas and in workshops
- Collaboration with peers and experts to network and share your understandings.
Feedback on Learning and Assessment
Feedback on the development of your understanding of principles relevant to commercial transactions and contract interpretation examined in this unit is provided through:
- formative activities on Canvas
- the workshops
- the individual written feedback on your assessment
- the generic feedback on the assessment placed on the unit's Canvas site
- the option of private consultation with a member of the teaching team during student consultation.
Assessment
Overview
In this unit you will be graded on a scale of one to seven. Assessment in this unit is both formative and summative.
Unit Grading Scheme
7- point scale
Assessment Tasks
Assessment: Interpretation and drafting exercise
You will be required to demonstrate your engagement with principles of contract (substantive and interpretative), equity and property, and your ability to interpret and draft clauses, including those generated by artificial intelligence. You will also be required to advise a client of their legal effect, having regard to principles of clear and effective writing and explain your use of generative artificial intelligence by a digital oral presentation.
This assignment is eligible for the 48 hour late submission period and assignment extensions.
Assessment: Commercial Contract Project
You have been engaged as legal counsel for a client. You will be asked to provide an advice to the client and identify any changes to the agreement necessary to protect the interests of the client. You will be given a portfolio of documents, including outputs generated by artificial intelligence and relevant correspondence. You will apply your critical and creative thinking, legal reasoning and research skills to an interpretation problem concerning clauses in a commercial contract.
This assignment is eligible for the 48 hour late submission period and assignment extensions.
Academic Integrity
Students are expected to engage in learning and assessment at QUT with honesty, transparency and fairness. Maintaining academic integrity means upholding these principles and demonstrating valuable professional capabilities based on ethical foundations.
Failure to maintain academic integrity can take many forms. It includes cheating in examinations, plagiarism, self-plagiarism, collusion, and submitting an assessment item completed by another person (e.g. contract cheating). It can also include providing your assessment to another entity, such as to a person or website.
You are encouraged to make use of QUT’s learning support services, resources and tools to assure the academic integrity of your assessment. This includes the use of text matching software that may be available to assist with self-assessing your academic integrity as part of the assessment submission process.
Further details of QUT’s approach to academic integrity are outlined in the Academic integrity policy and the Student Code of Conduct. Breaching QUT’s Academic integrity policy is regarded as student misconduct and can lead to the imposition of penalties ranging from a grade reduction to exclusion from QUT.
Resources
Resource Materials
Prescribed text(s)
S A Christensen and W D Duncan, Construction and Performance of Commercial Contracts (The Federation Press, 3rd ed, 2023)
Risk Assessment Statement
There are no unusual risks in this unit.
Course Learning Outcomes
This unit is designed to support your development of the following course/study area learning outcomes.LW36 Bachelor of Laws (Honours)
- The essential principles and doctrines of Australian law and the Australian legal system
Relates to: ULO1, ULO2, Interpretation and drafting exercise, Commercial Contract Project - Using legal reasoning and critical thinking in applying law to legal problems and providing legal advice
Relates to: ULO1, ULO2, Interpretation and drafting exercise, Commercial Contract Project - Thinking creatively to resolve disputes and address clients’ needs, taking into account legal and non-legal considerations
Relates to: ULO1, Interpretation and drafting exercise, Commercial Contract Project - Selecting and using contemporary technologies to effectively search, organise and use information
Relates to: ULO3, Commercial Contract Project - Selecting and applying appropriate research methods
Relates to: ULO3, Commercial Contract Project - Planning and executing a research project and presenting findings and recommendations
Relates to: ULO3, ULO4, Interpretation and drafting exercise, Commercial Contract Project - Knowing and using academic and legal writing conventions and communicating clearly, concisely and persuasively in written forms
Relates to: ULO4, Interpretation and drafting exercise, Commercial Contract Project
LW37 Bachelor of Laws (Honours) (Graduate Entry)
- The essential principles and doctrines of Australian law and the Australian legal system
Relates to: ULO1, ULO2, Interpretation and drafting exercise, Commercial Contract Project - Using legal reasoning and critical thinking in applying law to legal problems and providing legal advice
Relates to: ULO1, ULO2, Interpretation and drafting exercise, Commercial Contract Project - Thinking creatively to resolve disputes and address clients’ needs, taking into account legal and non-legal considerations
Relates to: ULO1, Interpretation and drafting exercise, Commercial Contract Project - Selecting and using contemporary technologies to effectively search, organise and use information
Relates to: ULO3, Commercial Contract Project - Selecting and applying appropriate research methods
Relates to: ULO3, Commercial Contract Project - Planning and executing a research project and presenting findings and recommendations
Relates to: ULO3, ULO4, Interpretation and drafting exercise, Commercial Contract Project - Knowing and using academic and legal writing conventions and communicating clearly, concisely and persuasively in written forms
Relates to: ULO4, Interpretation and drafting exercise, Commercial Contract Project
Unit Outline: Semester 2 2024, Online
| Unit code: | LLH470 |
|---|---|
| Credit points: | 12 |
| Pre-requisite: | LLH305. LLH305 can be studied in the same teaching period as LLH470. |
| Anti-requisite: | LLB441 |
Overview
An advanced knowledge of contract law principles and their interaction with principles of equity and property law within the Australian context is crucial for all lawyers involved in negotiating, reviewing and drafting commercial agreements. The unit draws upon the fundamental principles of contract, equity and property studied earlier in your degree to examine at an advanced level the interaction of these principles in the context of common commercial transactions, including sales, leases and share sale agreements. Relevant regulatory provisions are also examined where applicable. The unit provides an opportunity for you to gain an enhanced understanding of the common practical issues related to the negotiation, drafting and interpretation of common clauses in commercial agreements, as well as the use of generative artificial intelligence (Gen AI) tools in this context.
Learning Outcomes
On successful completion of this unit you will be able to:
- Apply the principles of contract, equity and property to analyse common commercial transactions and solve real world problems, using advanced legal reasoning, critical and creative thinking, and technology, while taking into account policy considerations and relevant contextual issues (CLOs 1.1, 1.3, 2.1, 2.2)
- Interpret and draft common clauses in commercial contracts using relevant principles of contract interpretation law to solve real world problems (CLOs 1.1, 2.1)
- Plan and manage an independent research project related to complex and advanced areas of law (CLOs 3.1, 3.2, 3.3)
- Communicate legal advice to clients and the progress and outcomes of your research concisely and persuasively in writing to identified stakeholders (CLOs 3.3, 4.1)
Content
The subject matter covered in the unit includes:
1. Overview of commercial transactions, including purpose of transactions, objectives of parties, applicable common law principles (contract, equity, property) and applicable statutes;
2. General principles of contract interpretation applied in the context of common contract clauses and the use of Gen AI;
3. Common risk allocation clauses; including exclusion clauses, indemnities and guarantees, liquidated damages, entire agreement clasues and warranties;
4. Common performance obligations; including implication of terms particularly good faith and the duty to cooperate, force majeure clauses, contingent conditions, best endeavours obligations, further assurance and notice provisions; and
5. Common termination and remedial clauses; inlcuding assignment and novation clauses, liquidated damages clauses, termination for convenience clauses, clauses excluding or limiting statutory remedies.
Learning Approaches
This unit employs an active, collaborative and blended approach to learning. It involves an online, self-led learning practice and live tutorials where you will learn from experts and your peers. Prior to workshops, you will be supported and engaged in this unit through the delivery of weekly unit material, podcasts delivered by experts, formative learning activities, and collaborative discussions that will introduce a range of practical and theoretical perspectives.
Your participation in the unit will include:
- Independent engagement with online materials
- Interactive workshops providing you with opportunities to apply your
advanced knowledge skills to real world problems and case scenarios - Discussions on Canvas and in workshops
- Collaboration with peers and experts to network and share your understandings.
Feedback on Learning and Assessment
Feedback on the development of your understanding of principles relevant to commercial transactions and contract interpretation examined in this unit is provided through:
- formative activities on Canvas
- the workshops
- the individual written feedback on your assessment
- the generic feedback on the assessment placed on the unit's Canvas site
- the option of private consultation with a member of the teaching team during student consultation.
Assessment
Overview
In this unit you will be graded on a scale of one to seven. Assessment in this unit is both formative and summative.
Unit Grading Scheme
7- point scale
Assessment Tasks
Assessment: Interpretation and drafting exercise
You will be required to demonstrate your engagement with principles of contract (substantive and interpretative), equity and property, and your ability to interpret and draft clauses, including those generated by artificial intelligence. You will also be required to advise a client of their legal effect, having regard to principles of clear and effective writing and explain your use of generative artificial intelligence by a digital oral presentation.
This assignment is eligible for the 48 hour late submission period and assignment extensions.
Assessment: Commercial Contract Project
You have been engaged as legal counsel for a client. You will be asked to provide an advice to the client and identify any changes to the agreement necessary to protect the interests of the client. You will be given a portfolio of documents, including outputs generated by artificial intelligence and relevant correspondence. You will apply your critical and creative thinking, legal reasoning and research skills to an interpretation problem concerning clauses in a commercial contract.
This assignment is eligible for the 48 hour late submission period and assignment extensions.
Academic Integrity
Students are expected to engage in learning and assessment at QUT with honesty, transparency and fairness. Maintaining academic integrity means upholding these principles and demonstrating valuable professional capabilities based on ethical foundations.
Failure to maintain academic integrity can take many forms. It includes cheating in examinations, plagiarism, self-plagiarism, collusion, and submitting an assessment item completed by another person (e.g. contract cheating). It can also include providing your assessment to another entity, such as to a person or website.
You are encouraged to make use of QUT’s learning support services, resources and tools to assure the academic integrity of your assessment. This includes the use of text matching software that may be available to assist with self-assessing your academic integrity as part of the assessment submission process.
Further details of QUT’s approach to academic integrity are outlined in the Academic integrity policy and the Student Code of Conduct. Breaching QUT’s Academic integrity policy is regarded as student misconduct and can lead to the imposition of penalties ranging from a grade reduction to exclusion from QUT.
Resources
Resource Materials
Prescribed text(s)
S A Christensen and W D Duncan, Construction and Performance of Commercial Contracts (The Federation Press, 3rd ed, 2023)
Risk Assessment Statement
There are no unusual risks in this unit.
Course Learning Outcomes
This unit is designed to support your development of the following course/study area learning outcomes.LW36 Bachelor of Laws (Honours)
- The essential principles and doctrines of Australian law and the Australian legal system
Relates to: ULO1, ULO2, Interpretation and drafting exercise, Commercial Contract Project - Using legal reasoning and critical thinking in applying law to legal problems and providing legal advice
Relates to: ULO1, ULO2, Interpretation and drafting exercise, Commercial Contract Project - Thinking creatively to resolve disputes and address clients’ needs, taking into account legal and non-legal considerations
Relates to: ULO1, Interpretation and drafting exercise, Commercial Contract Project - Selecting and using contemporary technologies to effectively search, organise and use information
Relates to: ULO3, Commercial Contract Project - Selecting and applying appropriate research methods
Relates to: ULO3, Commercial Contract Project - Planning and executing a research project and presenting findings and recommendations
Relates to: ULO3, ULO4, Interpretation and drafting exercise, Commercial Contract Project - Knowing and using academic and legal writing conventions and communicating clearly, concisely and persuasively in written forms
Relates to: ULO4, Interpretation and drafting exercise, Commercial Contract Project
LW37 Bachelor of Laws (Honours) (Graduate Entry)
- The essential principles and doctrines of Australian law and the Australian legal system
Relates to: ULO1, ULO2, Interpretation and drafting exercise, Commercial Contract Project - Using legal reasoning and critical thinking in applying law to legal problems and providing legal advice
Relates to: ULO1, ULO2, Interpretation and drafting exercise, Commercial Contract Project - Thinking creatively to resolve disputes and address clients’ needs, taking into account legal and non-legal considerations
Relates to: ULO1, Interpretation and drafting exercise, Commercial Contract Project - Selecting and using contemporary technologies to effectively search, organise and use information
Relates to: ULO3, Commercial Contract Project - Selecting and applying appropriate research methods
Relates to: ULO3, Commercial Contract Project - Planning and executing a research project and presenting findings and recommendations
Relates to: ULO3, ULO4, Interpretation and drafting exercise, Commercial Contract Project - Knowing and using academic and legal writing conventions and communicating clearly, concisely and persuasively in written forms
Relates to: ULO4, Interpretation and drafting exercise, Commercial Contract Project