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Land Dealings: Residential and Commercial Contracts - LAWS3135
Students studying

 
Faculty: Faculty of Law
 
 
School:  Faculty of Law
 
 
Course Outline: http://www.law.unsw.edu.au/
 
 
Campus: Kensington Campus
 
 
Career: Undergraduate
 
 
Units of Credit: 6
 
 
EFTSL: 0.12500 (more info)
 
 
Indicative Contact Hours per Week: 6
 
 
Enrolment Requirements:
 
 
Prerequisite: LAWS1071, LAWS1072 and LAWS2381. Prerequisite: JURD7171, JURD7172 and JURD7281.
 
 
Fee Band: 3 (more info)
 
 
Further Information: See Class Timetable
 
 

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

LAWS1071 Contracts 1; LAWS1072 Contracts 2; LAWS1081 or LAWS2381 Property, Equity and Trusts 1 and LAWS1082 or LAWS2382 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

.

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
  • CJ Rossiter, Principles of Land Contracts and Options in Australia (2003) Lexis-Nexis.
  • Supplementary Materials issued by UNSW Law School.

Resources

Refer to the course outline which will be provided by the lecturer at the beginning of the relevant semester.

URL for this page:

© 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.