Government, Business & Regulation (PG)

This course will examine legal principles of government procurement, including the powers and limitations on government instrumentalities entering into contracts, the respective roles of the three branches of government in the process, the processes of contract formation and ongoing contractual management, the resolution of disputes arising out of both processes and the various forums for dispute resolution. Topics will include: Open Tenders and Sealed Bids; Negotiation; The problems of offer, acceptance and consideration; The authority of government agents to contract; Crown privileges and immunities - including government liability in contract, tort and equity; The government and the Trade Practices Act and Fair Trading legislation; Contract Administration and Variation, including the impact of evolutionary or relational theories of contract upon the management of government contracts; Contract termination; Executive necessity; Legislative overriding of contractual obligations; Raising an estoppel against the government; Administrative law remedies for breach of contract; The accountability structure of government as it impacts on contract with government.