Glossary

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Construction of Commercial Agreements - LAWS8112

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: 2

Enrolment Requirements:

Prerequisite: Academic Program must be either 9200, 9210, 5740 or 9230

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

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

Class Participation 20%
Take home exam 80%

Course Texts

Prescribed
Refer to the Course Outline which will be provided prior to the start of the relevant semester.

Recommended
Refer to the Course Outline which will be provided prior to the start of the relevant semester.