Ontract Law Critical Case Comment (as per below detailed instructions)

IF THE WRITER THAT I HAVE FOR 102713 IS FAMILIAR WITH CONTRACT LAW CAN I HAVE THE SAME WRITER AS I WAS ADVISED THAT THEY ARE FAMILIAR WITH AUSTRALIAN LAW. IF THEY ARE ABLE TO DO IT CAN YOU PLEASE ADVISE THAT THIS ESSAY DOESNT NEED TO BE DONE BEFORE 21 SEPTEMBER 2005.

Essay 2,000 2,500 words AUSTRALIAN CONTRACT LAW

Do a critical Case Comment on:
Bridgewater v Leahy (1998) 194 CLR 457; [1987] HCA 66 (22 October 1998)

Critical Perspectives:
Using a Feminist analysis & Economic analysis in your case comment

Guiding Question for your case comment:
Does the decision in Bridgewaters case demonstrate an application of the law related to unconscionability that promotes efficient market outcomes? Is your conclusion on this supported by a feminist analysis of this decision?

Topic to consider in analysis:
Abuse of Power (full list of abuse of power listed below)

Criteria:
Accurate summary of facts of case
Accurate summary of ratio decidendi
States parameters/focus of the case comment
Addresses question
Paper Well organised
Paper refers to a good range of relevant evidence
Paper demonstrates a well developed critical analysis of the case
Develops argument (position) in response to question
Develops argument (position) coherently and persuasively
Argument (position) supported by accurately by relevant sources and literature


Citation style Law footnoting
Number of Sources whatever you think is relevant minimum is 20%
Case Law Australian Contract Law.
Legislation  Jurisdiction of New South Wales example: Sale of Goods Act 1923 (NSW) and Trade Practices Act 1974 (Cth) or what else is relevant

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Some articles that appear in our allocated text book for information if needed or you may have others this is only a guide:

Economic analysis of contract law:
Barnett, Consenting to Form Contracts”, (2002) 71 Fordham Law Review 627, 637.

Barnett, The Sound of Silence: Default Rules and Contractual Consent(1992) 78 Virginia Law Review 821, 859 (fn 81).

Veljanovski, The Economic Approach to Law: A Critical Introduction(1980) 7 British Journal of Law and Society 158, 162.

Posner, Economic Analysis of Law (5th ed, 1998), pp 102-3
Trebilcock, The limits of Freedom of Contract (1993), pp15-17; Trebilcock, The Value and Limits of Law and Economicsin Richardson and Hadfield (eds), The Second Wave of Law and Economics (1999), p 12.

Craswell, Against Fuller and Perdue(2000) 67 University of Chicago Law Review 99

Duggan, The Economics of Consumer Protection: A Critique of the Chicago School Case Against Intervention (1982), pp98-100

Feminist Analysis:
Sheehey, Background Paper, Personal Autonomy and the Criminal Law: Emerging Issues for Women”, reproduced in Graycar and Morgan, The Hidden Gender Law (1990), p 40.

Gilligan, In a Different Voice (1982). See also Shaughnessy, Gilligans Travels(1988) 7 Law and Inequality Journal 1, 9.

Frug, Re-reading Contracts: A Feminist Analysis of Contracts Casebook(1985) 34 American University Law Review 1065; Frug, Rescuing impossibility doctrine: A Post-modern Feminist Analysis of Contract Law(1992) 140 University of Pennsylvania Law Review 1029; Tilwell and Linzer, The Flesh Coloured Band Aid”, (1991) 28 Houston Law Review 791; Shultz, The Gendered Curriculum: Of Contracts and Careers(1991) 77 Iowa Law Review 55: Wightman, Intimate Relationships, Relational Contract Theory, and the Reach of Contract(2000) Feminist Legal Studies 93, 99-100.

Morgan Feminist Theory as Legal Theory(1988) 16 Melbourne University Law Review 743, 756, discussing the work of Boyle, Book Review(1985) 63 Canadian Bar Review 427.

Threedy, Feminist and Contract Doctrine(1999) Indiana Law Review 1247, 1258.

Otto, A Barren Future? Equality s Conscience and Womens Inequality(1992) 18 Melbourne University Law Review 808, 812.

Frug, A Critical Theory of Law(1989) 1 Legal Education Review 43, 56.

Haigh and Hepburne The Bank Manager Always Rings Twice: Stereotyping in Equity after Garcia(2000) 26 Monash University Law Review 275, 303-4.

Vitiating Factors in relation to contract and topic for case:
Abuse of Power
duress
undue influence
unconscionable conduct
impropriety by third parties
statutory unconscionability

Articles in relation to abuse of power:
Leff, Unconscionability and the Code The Emperors New Clause(1967) 115 University of Pennsylvania Law Review 485, 487.

Duress
Bigwood Coercion in Contract: The Theoretical Constructs of Duress(1996) 46 University of Toronto Law Journal 201.

Wightman, Contract: A Critical Commentary (1996), 0018-20.
Kronman and Posner, The Economics of Contract Law (1979), 001-2

Posner, Economic Analysis of Law (1977), p80.

Undue Influence
Duggan, Undue Influencein Parkinson, The Principles of Equity, 2nd ed 2003; Bigwood, Unde Influence in the House of Lords: Principles and Proof(2002) 65 Modern Law Review 435.

Otto, A Barren Future: Equitys Conscience and Womens Inequality(1992) 18 Melbourne University Law Review 808, 819.

Unconscionable Conduct
Otto as above

Legislation
Sale of Goods Act 1923 (NSW)
Trade Practices Act 1974 (Cth)

Finlay, Can we see the Chancellors Footprint?: Bridgewater v Leahy”, (1999) 14 Journal of Contract Law 265

Cases referred in article on feminist analysis:
Garcia v National Australia Bank Ltd (1998) 194 CLR 395
Please also site other cases which are relevant.

Duggan, Unconscientious Dealingin Parkinson, The Principles of Equity (2nd ed) 2003.

Bigwood, Undue Influence: Impaired Consentor Wicked Exploitation(1996) 16 Oxford Journal of Legal Studies 504

Capper, Undue Influence and Unconscionability: A Rationalisation(1998) 114 Law Quarterly Review 479

Hepburn, Equity and Infatuation(1993) 18 Alternative Law Journal.

Impropriety by Third Parties
Dunn, Yakking Giants”: Equality Discourse in the High Court(2000) 24 Melbourne University Law Review 427 (Yakking Giants is an American voice-activated computer software interpretation of the words Yerkey v Jones).

Sneddon, Unfair Conduct in Taking Guarantees and the Role of Independent Advice(1990) University of New South Wales Law Journal 302, 320.

Otto see above

Statutory Unconscionability
Duggan, Some Reflections on Consumer Protection and Laws Reform Process(1991) 17 Monash Law Review 274

Legislation
Sale of Goods Act 1923 (NSW)
Trade Practices Act 1974 (Cth)

Duggan Trade Practices Act 1974, section 52 and the Law of Unjust Contracts(1991) 13 Sydney Law Review 138, 159-60.

Peden, The Law of Unjust Contracts(1982); Terry, Unconscionable Contracts in New South Wales: The Contracts Review Act(1982) 10 Australian Business Law Review 311.

Carlin, The Contracts Review Act 1980 (NSW) 20 years on(2001) 123 Sydney Law Review 125.

Assigned Textbook for unit:
Paterson J, Robertson A & Heffey P, Principles of Contract Law”, 2nd ed, Sydney, 2005.

Note: lecturer loves the theories, such as Focault, Thornton etc. She is very much a theorist.