Posted: September 15th, 2015
Assessment – Policy Question
In March 2012 the Attorney-General at the time, Nicola Roxon, “flagged a wide-ranging review of contract law”.
Identify an area of contract law which you think is in need of reform and propose suggestions for reform. Explain the reasons for reform based on, inter alia, the jurisprudence in the area of law and legislation, where relevant.
Prepare your paper and presentation for the Australian Law Reform Commission.
—–implied terms of good faith’——
1. Prepare a research paper and presentation based on the question above to the Australian Law Reform Commission.
2. Go online and find primary (judgments/case law, etc.) and secondary sources of law (discussion papers, parliamentary committee proceedings, journal articles, etc.) to support or negate the Attorney General’s proposal for reform.
3. This is a research assignment which means you have to do some independent advance reading before some topics are covered in class. This process will mature your understanding of the subject matter and improve your overall understanding of contractual law principles.
4. Explain the need for reform in contract law in Australia, if at all.
5. You must scope your paper well at the outset so the examiner is clear about the extent and limitations of the research.
6. Identify an area in contract law that needs reform. You NEED NOT examine all areas of Contract Law. You only need to focus on one or two contact law topics so you can provide depth of discussion as opposed to breath of discussion. This means you may choose one or two of the topics you have studied; or are going study in this unit; or a contract law topic not covered in this unit but is relevant to the assignment question. If you are choosing more than one topic please make sure there is a co-relation to keep the legal discussion cohesive.
7. Be mindful of the word count.
8. Once you are satisfied with the focus area/s for reform you need to critically evaluate based on your own opinion, academic opinion, commercial sector opinion and any recent case law/legislation and policy which supports such the view.
9. You may also do a comparative analysis with another jurisdiction and consider applying the reforms that have been applied there. Be critical about the application of such reforms in Australia and do not just sate the law.
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