LLM Advanced Contract Law
RDL5620S (Not on offer in 2014.)
Higher postgraduate course, second semester.
Course Co-ordinator: Professors Dale Hutchison and Tjakie Naude
This is an advanced course which focuses on aspects of Contract Law. Topics to be covered w ill be prescribed from year to year and will be chosen from the following, amongst others:
- Pre-contractual liability
- Standard contract terms: requirements for incorporation, including the treatment of the battle of the forms'
- Options and rights of pre-emption, including put options and call options
- Good faith and fairness in Contract Law (including control mechanisms of unfair contract terms under the common law, the Constitution and the Consumer Protection Act)
- Non-variation clauses and the availability of the defences of estoppel and waiver in this context
- Restraints of trade
- Impact of the Consumer Protection Act on other aspects of Contract Law, including the residual rights of the buyer of goods and services
- Remedies for breach of contract, including termination and the assessment of damages
- Supervening impossibility of performance and hardship
- Change of circumstances or hardship falling short of impossibility
- Aspects of the law of cession (cession of future rights, security cessions).
A draft reading list for the course can be downloaded here.