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Postgraduate Handbook

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Construction of Commercial Agreements - LAWS4012
Law Books

 
Faculty: Faculty of Law
 
 
School:  Faculty of Law
 
 
Course Outline: See below
 
 
Campus: Kensington Campus
 
 
Career: Postgraduate
 
 
Units of Credit: 8
 
 
EFTSL: 0.16667 (more info)
 
 
Indicative Contact Hours per Week: 28
 
 
Enrolment Requirements:
 
 
Prerequisite: Academic Program must be either 9200, 9210, 5740 or 9230
 
 
Fee Band: 3 (more info)
 
 
Further Information: See Class Timetable
 
 

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

Corporate and Commercial Law; Corporate, Commercial and Taxation Law.

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

Coursework
Assignment
Take home exam

Course Texts

Prescribed
Course materials supplied by UNSW Law School, plus further reference to be settled later.

Recommended
Course materials supplied by UNSW Law School, plus further reference to be settled later.

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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.