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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
  • Mistake
  • 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.