Research Essay Question
Australia’s legal system significantly differs from some of its biggest trading
partners in Asia, such as, China, Japan, Korea and Thailand. Australian Law
of Contracts is based on English common law as developed by Australian courts and complemented by equitable doctrines, Commonwealth, State and
Territory statutes and international law instruments. On the other hand, the contracts law of most of these countries has been codified based on
Continental European legal system (Civil Law) and international instruments such as the UNIDROIT Principles of International Commercial Contracts.
It is often asserted that Australia may need to internationalise its contract law to simplify doing business with its major trading partners and reduce the cost of doing international business for Australia’s businesses, especially small and medium scale enterprises.
In view of these, answer the following questions:
1) What are the advantages and disadvantages of internationalising Australian contract law? Do you agree that there is a need for such internationalisation?
Some useful links to check out:
Attorney general Inquiry: https://www.ag.gov.au/consultations/pages/ReviewofAustraliancontractlaw.aspx
Australian Young Lawyers review - a good all-round resource with good references to investigate: https://www.lawsociety.com.au/cs/groups/public/documents/internetyounglawyers/644777.pdf
Chapter 2, Exploring Private Law -Internationalisation or isolation: the australian cul-de-sac? The case of Contract law- http://ebooks.cambridge.org/chapter.jsf?bid=CBO9780511779213&cid=CBO9780511779213A014
Instructions-
1. Word limit: The word limit for the assignment is 1000 words. Please include your word count at the end of your essay. The word limit will be strictly enforced. Words in excess of this limit (after taking into account a 10% tolerance) will not be marked. Your name and student identification are not included in your word count. Any footnotes used for citation purposes only are not included in the word count. Any subheadings used are included in the word count.
2. Style and citation: Your assignment should be written in the style of an essay addressing all relevant legal questions. Footnotes are appropriate; a bibliography is not required. For this assignment citation footnotes will not be counted in the word limit; however, if it appears that you are using footnotes for part of your substantive argument these footnotes will be counted.
3. Citation: You are expected to adhere to the Australian Guide to Legal
Citation. The guide is freely available online. Follow this link:
http://law.unimelb.edu.au/__data/assets/pdf_file/0007/1586203/FinalOnlinePDF-2012Reprint.pdf
For a quick AGLC format follow this link:
http://law.unimelb.edu.au/mulr/submissions/quick-aglc
4. Plagiarism: The University regards plagiarism as an extremely serious academic offence. You are reminded to read the ‘Plagiarism Notice’ on unit guide. You can also check your draft paper before submission by using Turnitin which is available in drop box.
Assessment criteria
The general objective of this assessment is to enable you develop an analytical, legal problem solving research skills. Specifically, you will be assessed for:
a) Identifying, refining and analysing the legal problems
b) Structuring a paper
c) Finding relevant legal resources
d) Sound analysis
e) Good, clear writing (including different styles of writing required to
f) Address the question adequately—analytical, conceptual, comparative and descriptive
g. Proper citation and referencing using the Australian Guide to Legal
Citation.