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 Commercial Property Transactions - LAWS4025
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Faculty: Faculty of Law
 
 
School:  Faculty of Law
 
   
 
Campus: Kensington Campus
 
 
Career: Postgraduate
 
 
Units of Credit: 8
 
 
EFTSL: 0.167 (more info)
 
 
Contact Hours per Week: 2
 
 
Enrolment Requirements:
 
 
Prerequisite: Academic Program must be either 9200, 9210, 9220, 5740 or 9230.
 
 
Fee Band: 3 (more info)
 
 
Further Information: See Class Timetable
 
  

Description

This course is designed to equip students with a knowledge of contract, equity and property law and cognate statute law governing the conduct of commercial land dealings. The course goes beyond a study of the standard form contract for sale of land used in New South Wales and treats topics of national interest and importance and of significance for cross border transactions. Where a study of state legislation is made, the New South Wales model will be used although reference may be made, for comparative purposes, to the legislation in other states. Topics to be studied include: Issues of formation - formal and informal agreements; intention; agreements deferring essential terms; machinery for settlement of terms; exclusive dealing and restitution for expenses incurred; agreements to negotiate in good faith; estoppel; Enforceability - statutory formalities; part performance; estoppel; Options - nature of put and call options; formalities for creation; assignment of options; exercise of options; relief against forfeiture of options; rights of pre-emption; Vendor disclosure - the common law and caveat emptor; mandatory vendor disclosure legislation; the Trade Practices Act, 1974 and the Fair Trading Act, 1987; Title - the fee simple; strata title; community land title; native land title; objections to and requisitions on title; termination for defective title; compensation and damages for defective titles; Remedies - rescission and termination; rescission for non-fulfilment of condition; discharge for breach under the general law; termination for failure to complete - the essentiality of time and notices to complete; anticipatory breach and repudiation; the obligation to tender performance and the right to dispense with tender of performance; express avoidance clauses; damages under the general law; liquidated damages and penalties; compensation for errors and misdescription; remedies under the Trade Practices Act, 1974; specific performance; forfeiture of land and development contracts and relief against forfeiture.

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© The University of New South Wales (CRICOS Provider No.: 00098G), 2004-2011. The information contained in this Handbook is indicative only. While every effort is made to keep this information up-to-date, the University reserves the right to discontinue or vary arrangements, programs and courses at any time without notice and at its discretion. While the University will try to avoid or minimise any inconvenience, changes may also be made to programs, courses and staff after enrolment. The University may also set limits on the number of students in a course.