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Land Dealings:Residential and Commercial Contracts - JURD7435

Faculty: Faculty of Law

School: Faculty of Law

Course Outline: http://www.law.unsw.edu.au/

Campus: Sydney

Career: Postgraduate

Units of Credit: 6

EFTSL: 0.12500 (more info)

Indicative Contact Hours per Week: 4

Enrolment Requirements:

Pre-requisite: Contracts (LAWS1075/JURD7175) and Equity & Trusts (LAWS2385/JURD7285) OR Contracts 2 (JURD7172/LAWS1072) and Property, Equity & Trusts 1 (JURD7281/LAWS2381).

Excluded: LAWS3135

CSS Contribution Charge: 3 (more info)

Tuition Fee: See Tuition Fee Schedule

Further Information: See Class Timetable

View course information for previous years.

Description

The law of vendor and purchaser with special emphasis on the standard form contract for sale of land in use in New South Wales. Aims to benefit those intending to practise in any field of land law and property law, whether in large, medium or small legal firms, city, suburban or country. The course focuses upon both commercial and residential contracts. The course will also benefit those at the bar practising in the property and equity area. Topics: whether a binding contract of sale exists, auction contracts; vendor disclosure and anti-gazumping legislation, the requirements of the Statute of Frauds, exchange of contracts, proper preparation of the contract of sale, detailed examination of the standard Law Society approved contract of sale, the law concerning notices to complete and other remedies available to vendor and purchaser, remedies for breach of contract, damages, liquidated and unliquidated, termination, specific performance; the law of deposits.

Recommended Prior Knowledge

JURD7171 Contracts 1; JURD7172 Contracts 2; JURD7281 Property, Equity and Trusts 1; JURD7282 Property and Equity 2.

Course Objectives

to assist students to develop an in-depth understanding of the major principles of an area of law that is of immense importance in commercial activity: i.e. the law of vendor and purchaser of interests in land.
to assist students to develop further their capacities for disciplined analysis of facts and for legal reasoning according to the methods of the common law.
to stimulate students to examine vendor/purchaser law in a social and historical context.

Main Topics

See above under Description

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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