Exam Results - Implications (2 Viewers)

[M_M]

*plug-plug* UNSW also offers a postgraduate elective in torts, LAWS3049 (Advanced Issues in Torts)http://www.handbook.unsw.edu.au/postgraduate/courses/2007/LAWS3049.html, open to undergraduates.

From course overview:

hey, is it possible to do advanced tort in 2nd year or is it too hard?

 

[Frigid]

hey, is it possible to do advanced tort in 2nd year or is it too hard?

from what i heard, 2nd years have managed to do Advanced Contracts in their summer before 3rd year. so maybe it's the same for Torts.

 

[hfis]

from what i heard, 2nd years have managed to do Advanced Contracts in their summer before 3rd year. so maybe it's the same for Torts.

Hm, what's Advanced Contracts like? I rather enjoy the area (having done three sessions of it already), but there's no similar subject offered at UOW. Is it just 'contextual' crap like the majority of Crim A, or does it actually cover substantive law?

 

[wheredanton]

Hm, what's Advanced Contracts like? I rather enjoy the area (having done three sessions of it already), but there's no similar subject offered at UOW. Is it just 'contextual' crap like the majority of Crim A, or does it actually cover substantive law?

http://www.handbook.unsw.edu.au/undergraduate/courses/2007/LAWS2025.html

 

[MoonlightSonata]

Hm, what's Advanced Contracts like? I rather enjoy the area (having done three sessions of it already), but there's no similar subject offered at UOW. Is it just 'contextual' crap like the majority of Crim A, or does it actually cover substantive law?

I am doing ACL at UNSW right now, over the Summer. It is purely substantive. You basically go over selected areas in greater depth and detail than covered in Contracts 1 and Contracts 2. The list of topics:

- Contingent conditions
- Dependency of promises
- Breach of condition
- Fundamental breach of an intermediate term
- Notices to perform
- Repudiation and anticipatory breach
- Entire and severable contracts, and the doctrine of substantial performance
- Limits on the right to terminate
- Affirmation following serious breach
- Nature and consequences of termination
- Economic duress (if we have time).

Personally I think it is a very worthwhile course (and a great refresher of contract law) and I'm thoroughly enjoying it.

 

[Frigid]

Excellent. I'm planning on doing it first session.

S1's timetable for Adv Con is awful. 6pm to 9:30pm, wtf?

 

[wheredanton]

S1's timetable for Adv Con is awful. 6pm to 9:30pm, wtf?

Yeah I know. It's awful times every year.

 

[hfis]

That list of topics puts me in need of a cold shower. I might investigate the potential for doing a little cross-institutional study if UOW puts out crap objectives in 08. Thanks for that!

 

[M_M]

Excellent. I'm planning on doing it first session.

Do you think i can manage ACL if I only got low credit for both Contract 1 and 2??

 

[MoonlightSonata]

Do you think i can manage ACL if I only got low credit for both Contract 1 and 2??

You probably owe it to yourself to do it

 

[Summer Rain]

I am doing ACL at UNSW right now, over the Summer. It is purely substantive. You basically go over selected areas in greater depth and detail than covered in Contracts 1 and Contracts 2. The list of topics:

- Contingent conditions
- Dependency of promises
- Breach of condition
- Fundamental breach of an intermediate term
- Notices to perform
- Repudiation and anticipatory breach
- Entire and severable contracts, and the doctrine of substantial performance
- Limits on the right to terminate
- Affirmation following serious breach
- Nature and consequences of termination
- Economic duress (if we have time).

Personally I think it is a very worthwhile course (and a great refresher of contract law) and I'm thoroughly enjoying it.

Hi Moonlight,

I wish I kept an eye out for the summer school closing date but for some reason I had it in my head that summer school wasn't open to part-time first year grad students. I thought I had to wait until I completed the equivalent of one year full-time. Now I see I would have met the pre requisites to do Advanced Contract Law. Oh well, there goes a wasted summer I could have used to speed up my degree.

Anyhow, I was meaning to ask you is summer school upfront payment, and, if so how much, or is it on hecs?

Also, is it possible to do two subjects in summer school if the class timetables do not clash? Or would that be a burn out. Have you ever done it?

It's a pity Advanced Contracts does not cover undue influence and unconscionability again. I still can't see what the difference is between the two doctrines.

Thanks

 

[MoonlightSonata]

Hi Moonlight,

I wish I kept an eye out for the summer school closing date but for some reason I had it in my head that summer school wasn't open to part-time first year grad students. I thought I had to wait until I completed the equivalent of one year full-time. Now I see I would have met the pre requisites to do Advanced Contract Law. Oh well, there goes a wasted summer I could have used to speed up my degree.

There's always next summer!

Anyhow, I was meaning to ask you is summer school upfront payment, and, if so how much, or is it on hecs

It's the same financial arrangements as for the rest of your degree subjects. So yes, CSP (what used to be HECS).

Also, is it possible to do two subjects in summer school if the class timetables do not clash? Or would that be a burn out. Have you ever done it?

Yes it is possible - I know two people in my ACL class who are doing two summer subjects. I wouldn't really recommend it if you want a decent break, but if you are keen and motivated to do it, then you can handle it. Just check that the class timetables don't clash.

It's a pity Advanced Contracts does not cover undue influence and unconscionability again. I still can't see what the difference is between the two doctrines.

Undue influence concerns the will of the innocent party being overborne such that the transaction is not free, voluntary and independent. Unconscionable conduct is concerned with the innocent party’s disadvantage being taken advantage of unfairly. Thus in Commercial Bank of Australia Ltd v Amadio (1983) 151 CLR 447 at 474, Deane J described the difference:

Undue influence, like common law duress, looks to the quality of the consent or assent of the weaker party ...Unconscionable dealing looks to the conduct of the stronger party in attempting to enforce, or retain the benefit of, a dealing with a person under a special disability in circumstances where it is not consistent with equity or good conscience that he should do so.

The requirements for establishing unconscionable conduct are that:

1. One party is at a 'serious disadvantage' / 'special disability' with respect to the other party so that there is no reasonable equality between the parties; and

2. The disability is sufficiently evident to the stronger party that it would be unfair to take advantage of the disability in entering into the transaction.

 

[mr EaZy]

Is it true what they say, that you usually get your worst marks in first year?

Well my first year law was 2 Ds and one 72

for biz it was: 2 Ds and 72 70,

and its been going up and down since, if i was in first year, id pay more attention to my studies these days

 

[mr EaZy]

thnx for the above moonlight, i might actually do ACL myself!! lol, if i dont get caught up in other areas of interests (depends on how many electives we're allowed to do)