Interpretation of Contracts - LAWS3395
Faculty: Faculty of Law
School: Faculty of Law
Course Outline: See below
Campus: Kensington Campus
Career: Undergraduate
Units of Credit: 6
EFTSL: 0.12500 (more info)
Indicative Contact Hours per Week: 3
Enrolment Requirements:
Prerequisite: Contracts (LAWS1075/JURD7175) OR Contracts 2 (JURD7172/LAWS1072). Co-requisite: Resolving Civil Disputes (LAWS2371/JURD7271) OR Litigation 1 (JURD7211/LAWS2311).
Excluded: JURD7395
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
Course Objectives
- 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.
Study Levels
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