Course

Interpretation of Contracts - JURD7395

Faculty: Faculty of Law

School: Faculty of Law

Course Outline: See below

Campus: Kensington Campus

Career: Postgraduate

Units of Credit: 6

EFTSL: 0.12500 (more info)

Indicative Contact Hours per Week: 3

Enrolment Requirements:

Pre-requisite: 36 UOC of JURD courses for students enrolled prior to 2013. For students enrolled after 2013, pre-requisite: 72 UOC of JURD courses.

Excluded: LAWS3395

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 elective course examines systematically and in depth (to a degree not feasible in the compulsory core UNSW contract law courses) the major legal principles and associated practical and evidentiary issues in finding express and implied contractual terms, and in interpreting their meaning and effect in various contexts (including those raising issues of mistake and/or contractual frustration). Students receive extensive practice in analysing construction disputes within the adversary system.

Recommended Prior Knowledge

JURD7171 Contracts 1 and JURD7172 Contracts 2

Course Objectives

The course seeks to assist students:
  • to develop a clear and coherent view of a branch of law which is widely misunderstood despite its' immense practical importance;
  • to appreciate the dimensions of many practical and evidentiary problems which arise in disputes about contractual interpretation in the Australian adversary legal system; and
  • to gain extensive practice in legal analysis of construction disputes.

Main Topics

  • Express oral and written terms
  • Signed and unsigned documents
  • Limitations of signature
  • Conflicts between oral and written promises
  • The parole evidence rule
  • Misleading pre-contractual statements
  • Entire Agreement Clauses
  • Estoppels
  • Implied terms
  • Exclusion clauses
  • Canons of interpretation
  • Rectification
  • Evidence admissible in construction
  • Mistake
  • Contractual frustration

Assessment

Class participation (20% optional)

Mid-session essay (40% optional)

Final exam (40% or 60%, 80% or 100% depending on whether the abovementioned options are taken)

Course Texts

Prescribed


J. Paterson, A. Robertson, P. Heffey Contract Cases and Materials, 10th ed (2005), Law Book Co.

Supplementary materials issued by UNSW Law School

Recommended


Refer to Course Outline provided by lecturer.
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Study Levels

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