Summer Rain said:
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!
Summer Rain said:
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).
Summer Rain said:
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.
Summer Rain said:
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.