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Course

Construction of Commercial Agreements - LAWS8112

Faculty: Faculty of Law

School: Faculty of Law

Course Outline: See below

Campus: Sydney

Career: Postgraduate

Units of Credit: 6

EFTSL: 0.12500 (more info)

Indicative Contact Hours per Week: 2

Enrolment Requirements:

Prerequisite: Academic Program must be either 9200, 9210 or 5740.

CSS Contribution Charge: 3 (more info)

Tuition Fee: See Tuition Fee Schedule

Further Information: See Class Timetable

View course information for previous years.

Description

This course systematically examines major substantive and evidentiary issues in finding express and implied terms of commercial agreements, and in determining their meaning and effect. While closely analysing practical problems the course also tresses constantly the fundamental principles that give to this area of law a basic coherence that is often concealed by ambiguous terminology and conflicting dicta.


LLM Specialisations

Recommended Prior Knowledge

None

Course Objectives

The objective of this course is to investigate a range of important substantive and evidentiary issues that undergraduate law courses seldom have time to examine adequately.

Main Topics

  • Finding the express terms in documents (signed or unsigned), correspondence and/or pre-contractual oral statement
  • Circumstances where signature may not bind
  • Methods of resolving conflict between contractual documentation and pre-contractual statements
  • Operations of the parol evidence rule
  • Implied terms
  • Construction of written contracts in the light of admissible evidence
  • Canons of interpretation
  • Construction of exclusion clauses

Assessment

Class Participation 20%
Take home exam 80%
Law Books

Study Levels

Undergraduate Study Postgraudate Study Postgraduate Research Study Non-Award Study

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