LAWCOMM 400 Contemporary Commercial and Private Law Litigation - Course Outlines

Course Prescription

Detailed study of contemporary private law issues in the context of commercial litigation, with a dual focus on substance and litigation practice. Topics (selected based on recent cases) will include discrete legal issues across areas like contract, equity, tort and restitution.

Course Overview

Civil and commercial litigators inevitably encounter complex and novel private law issues (contract, tort, equity, and others). While those issues bear some resemblance to those covered in the core law courses, they tend to require more in-depth and discrete analysis. Litigators must be able to engage in that analysis, often drawing together threads from several areas of private law in a single case.

The key goals of this course are to: (a) instil substantive knowledge and understanding of a selection of contemporary private law issues; and (b) equip students with the practical skills required to successfully navigate such issues in litigation practice. It will accordingly be of interest to aspiring litigators, as well as those who enjoy private law generally.

The course is structured around contemporary private law issues, across contract, tort, equity and others. But with a practical twist. Alongside cases, the assigned materials will include items like pleadings, submissions, hearing transcripts or videos of oral arguments. The assessments will include producing practical work products, like drafting a notice of appeal or a set of submissions. Students will also hear directly from leading New Zealand litigators on how these issues play out in practice.

The topics covered will likely include:

1. Negligence and negligent misstatement (the differences, when to plead which, improper conflation, etc.).

2. Scope of duty analysis in negligence claims (SAAMCO, etc.).

3. Ad hoc fiduciary duties in commercial settings.

4. Economic duress.

5. A duty to speak: misrepresentation and estoppel by silence.

6. No oral modification clauses and similar contractual restrictions.

7. Property rights and crypto / NFTs.

8. Unjust enrichment as a cause of action in New Zealand.

9. Massively discretionary trusts.

10. Trial by expert? The use of expert evidence in private law litigation.

11. Tikanga and private law.

But the final list will depend on ongoing legal developments and available materials.

Course Requirements

Prerequisite: LAW 201, 211, 231, 241

Learning Outcomes

By the end of this course, students will be able to:

Understand a broad range of contemporary private law issues. (Capability 1.1, 1.2 and 1.3)
Analyse novel private law issues in detail in the context of civil and commercial litigation. (Capability 1.2, 2.1 and 3.1)
Critically engage with the law and craft arguments to contribute to its development through litigation. (Capability 2.2, 2.3, 3.1, 3.2, 3.3, 5.1, 5.2, 6.1 and 6.3)
Develop and apply insights into advocacy and litigation practice to help craft arguments in the context of civil and commercial litigation. (Capability 2.3, 3.2, 3.3, 4.2 and 5.1)
Draft effective written arguments in a range of litigation documents, such as a notice of appeal or written submissions. (Capability 2.2, 2.3, 4.1 and 4.2)
Demonstrate effective written communication skills by articulating key concepts clearly and persuasively. (Capability 4.1 and 5.1)

Assessments

Assessment Type	Percentage	Classification
Response Paper: critique of oral advocacy.	15%	Individual Coursework
Questions: draft three questions for guest speaker.	5%	Individual Coursework
Practical Drafting: notice of appeal.	25%	Individual Coursework
Practical Drafting (Final): submission.	55%	Individual Coursework
4 types	100%

Assessment Type	Learning Outcome Addressed
	1	2	3	4	5	6
Response Paper: critique of oral advocacy.
Questions: draft three questions for guest speaker.
Practical Drafting: notice of appeal.
Practical Drafting (Final): submission.

Workload Expectations

This is a standard 15-point course. There will be around 36 hours of lectures in this course. As a general guide, you should expect a workload of three hours outside of the classroom for each hour spent in class. The guideline for the total workload for this course is 150 hours.

Delivery Mode

Campus Experience

Attendance is expected at the lecture component of the course. Lectures will be available as recordings. However, learning will be enhanced by attendance.

The activities for the course are scheduled as a standard weekly timetable.

Learning Resources

Course materials are made available in a learning and collaboration tool called Canvas which also includes reading lists and lecture recordings (where available).

Please remember that the recording of any class on a personal device requires the permission of the instructor.

Student Feedback

At the end of every semester students will be invited to give feedback on the course and teaching through a tool called SET or Qualtrics. The lecturers and course co-ordinators will consider all feedback and respond with summaries and actions.

Your feedback helps teachers to improve the course and its delivery for future students.

Class Representatives in each class can take feedback to the department and faculty staff-student consultative committees.

No previous student feedback is available for this course.

Academic Integrity

The University of Auckland will not tolerate cheating, or assisting others to cheat, and views cheating in coursework as a serious academic offence. The work that a student submits for grading must be the student's own work, reflecting their learning. Where work from other sources is used, it must be properly acknowledged and referenced. This requirement also applies to sources on the internet. A student's assessed work may be reviewed against online source material using computerised detection mechanisms.

Class Representatives

Class representatives are students tasked with representing student issues to departments, faculties, and the wider university. If you have a complaint about this course, please contact your class rep who will know how to raise it in the right channels. See your departmental noticeboard for contact details for your class reps.

Inclusive Learning

All students are asked to discuss any impairment related requirements privately, face to face and/or in written form with the course director, lecturer or tutor.

Student Disability Services also provides support for students with a wide range of impairments, both visible and invisible, to succeed and excel at the University. For more information and contact details, please visit the Student Disability Services’ website http://disability.auckland.ac.nz

Special Circumstances

If your ability to complete assessed coursework is affected by illness or other personal circumstances outside of your control, contact a Student Academic and Support Adviser as soon as possible before the assessment is due.

If your personal circumstances significantly affect your performance, or preparation, for an exam or eligible written test, refer to the University’s aegrotat or compassionate consideration page https://www.auckland.ac.nz/en/students/academic-information/exams-and-final-results/during-exams/aegrotat-and-compassionate-consideration.html.

This should be done as soon as possible and no later than seven days after the affected test or exam date.

Learning Continuity

In the event of an unexpected disruption, we undertake to maintain the continuity and standard of teaching and learning in all your courses throughout the year. If there are unexpected disruptions the University has contingency plans to ensure that access to your course continues and course assessment continues to meet the principles of the University’s assessment policy. Some adjustments may need to be made in emergencies. You will be kept fully informed by your course co-ordinator/director, and if disruption occurs you should refer to the university website for information about how to proceed.

Student Charter and Responsibilities

The Student Charter assumes and acknowledges that students are active participants in the learning process and that they have responsibilities to the institution and the international community of scholars. The University expects that students will act at all times in a way that demonstrates respect for the rights of other students and staff so that the learning environment is both safe and productive. For further information visit Student Charter https://www.auckland.ac.nz/en/students/forms-policies-and-guidelines/student-policies-and-guidelines/student-charter.html.

Disclaimer

Elements of this outline may be subject to change. The latest information about the course will be available for enrolled students in Canvas.

In this course students may be asked to submit coursework assessments digitally. The University reserves the right to conduct scheduled tests and examinations for this course online or through the use of computers or other electronic devices. Where tests or examinations are conducted online remote invigilation arrangements may be used. In exceptional circumstances changes to elements of this course may be necessary at short notice. Students enrolled in this course will be informed of any such changes and the reasons for them, as soon as possible, through Canvas.

Capability 1:	Disciplinary Knowledge and Practice
Capability 2:	Critical Thinking
Capability 3:	Solution Seeking
Capability 4:	Communication and Engagement
Capability 5:	Independence and Integrity
Capability 6:	Social and Environmental Responsibilities

LAWCOMM 400 : Contemporary Commercial and Private Law Litigation

Law

2023 Semester Two (1235) (15 POINTS)