Handbook home
Contract Interpretation (LAWS70335)
Graduate coursework level 7Points: 12.5On Campus (Parkville)
About this subject
- Overview
- Eligibility and requirements
- Assessment
- Dates and times
- Further information
- Timetable(opens in new window)
Contact information
February
Lecturer
Professor David McLauchlan, Coordinator
Email: law-masters@unimelb.edu.au
Phone: +61 3 8344 6190
Website: law.unimelb.edu.au
Overview
Availability(Quotas apply) | February |
---|---|
Fees | Look up fees |
The law of contract interpretation is one of the most practically important areas of commercial law. Issues of interpretation occupy a good deal of the time of commercial practitioners and judges. Such issues have been aptly described as the very lifeblood of commercial law. Not surprisingly, therefore, interpretation disputes have become the most frequently litigated contract cases in recent years. Their outcome is also notoriously difficult to predict. Time and again judges have disagreed not only on the correct approach but also on such elementary questions as whether particular words have a plain meaning and what is the ‘common-sense’ or ‘commercially realistic’ interpretation. This subject, which will also examine the closely related principles concerning formation and rectification of contracts, will seek to shed light on the reasons for such disagreement and discuss the competing approaches to the interpretative task. The lecturer has taught and written extensively in the area
This subject will examine the principles governing the interpretation of commercial contracts, as well as the closely related principles concerning formation and rectification of contracts.
Principal topics through a series of case studies include:
- The relationship between principles of contract formation and contract interpretation
- The objective approach and its limits
- The relevance of the parol evidence rule
- The status of the plain meaning ‘rule‘
- The effect and implications of Lord Hoffmann‘s fundamental restatement in the Investors Compensation Scheme case and the reception of this restatement by the courts in Australia and New Zealand
- The equitable remedy of rectification
- The admissibility of prior negotiations and subsequent conduct as aids to interpretation
- The differences between the common law principles of contract interpretation and those contained in important international instruments such as the United Nations (UN) Convention on Contracts for the International Sale of Goods, the Unidroit Principles of International Commercial Contracts and the Principles of European Contract Law.
.
Intended learning outcomes
A student who has successfully completed this subject will:
- Acquire an in-depth knowledge and understanding of the law relating to written contracts and their interpretation
- Develop a sophisticated understanding of how the principles of contract interpretation interrelate with the principles governing formation and rectification of contracts
- Gain an advanced and integrated understanding of the core principles of the law of contract that most frequently arise in day-to-day legal practice
- Have been introduced to a wide range of commercial contracts and the kind of contractual disputes that most frequently come before the courts
- Develop an ability to compare and critically evaluate alternative approaches to interpretation
- Substantially enhanced their analytical, problem solving, oral communication and other lawyering skills
- Gain further insights into the nature of the judicial process (for example, how the outcome of important commercial litigation involving substantial sums of money can turn on the finest of points and the subjective opinions of individual judges, often stemming from unarticulated rival philosophies of interpretation; how judges can disagree on the question whether words have a plain and unambiguous meaning and/or what is the ‘common-sense’ or ‘commercially realistic’ interpretation of those words).
Last updated: 31 October 2023
Eligibility and requirements
Prerequisites
None
Corequisites
None
Non-allowed subjects
None
Recommended background knowledge
This subject is not recommended for students who have not completed an undergraduate law degree. Please note that it also requires students to analyse and engage closely with often complex legal texts.
Applicants without legal qualifications should note that subjects are offered in the discipline of law at an advanced graduate level. While every effort will be made to meet the needs of students trained in other fields, concessions will not be made in the general level of instruction or assessment. Most subjects assume the knowledge usually acquired in a degree in law (LLB, JD or equivalent). Applicants should note that admission to some subjects in the Melbourne Law Masters will be dependent upon the individual applicant’s educational background and professional experience.
Inherent requirements (core participation requirements)
The University of Melbourne is committed to providing students with reasonable adjustments to assessment and participation under the Disability Standards for Education (2005), and the Assessment and Results Policy (MPF1326). Students are expected to meet the core participation requirements for their course. These can be viewed under Entry and Participation Requirements for the course outlines in the Handbook.
Further details on how to seek academic adjustments can be found on the Student Equity and Disability Support website: http://services.unimelb.edu.au/student-equity/home
Last updated: 31 October 2023
Assessment
Additional details
Prescribed assignment (100%) (21 March)
A minimum of 75% attendance is a hurdle requirement.
Last updated: 31 October 2023
Quotas apply to this subject
Dates & times
- February
Principal coordinator David McLauchlan Mode of delivery On Campus (Parkville) Contact hours 24-34 hours Total time commitment 150 hours Pre teaching start date 4 January 2018 Pre teaching requirements The pre-teaching period commences four weeks before the subject commencement date. From this time, students are expected to access and review the Reading Guide that will be available from the LMS subject page and the subject materials provided by the subject coordinator, which will be available from Melbourne Law School. Refer to the Reading Guide for confirmation of which resources need to be read and what other preparation is required before the teaching period commences. Teaching period 1 February 2018 to 9 February 2018 Last self-enrol date 8 December 2017 Census date 2 February 2018 Last date to withdraw without fail 23 February 2018 Assessment period ends 21 March 2018 February contact information
Lecturer
Professor David McLauchlan, Coordinator
Email: law-masters@unimelb.edu.au
Phone: +61 3 8344 6190
Website: law.unimelb.edu.au
Additional delivery details
This subject has a quota of 30 students.
Enrolment is on a first come, first served basis. Waitlists are maintained for subjects that are fully subscribed.
Students should note priority of places in subjects will be given as follows:
- To currently enrolled Graduate Diploma and Masters students with a satisfactory record in their degree
- To other students enrolling on a single subject basis, eg Community Access Program (CAP) students, cross-institutional study and cross-faculty study.
Please refer to the Melbourne Law Masters website for further information about the management of subject quotas and waitlists.
Last updated: 31 October 2023
Further information
- Texts
Prescribed texts
Specialist printed materials will be made available free of charge from the Melbourne Law School prior to the pre-teaching period.
- Related Handbook entries
This subject contributes to the following:
Type Name Course Graduate Diploma in Construction Law Course Graduate Diploma in Legal Studies Course Master of Construction Law Course Master of Commercial Law Course Master of Laws Course Master of Private Law - Links to additional information
- Available through the Community Access Program
About the Community Access Program (CAP)
This subject is available through the Community Access Program (also called Single Subject Studies) which allows you to enrol in single subjects offered by the University of Melbourne, without the commitment required to complete a whole degree.
Entry requirements including prerequisites may apply. Please refer to the CAP applications page for further information.
Additional information for this subject
If required, please contact law-admissions@unimelb.edu.au for subject coordinator approval.
Last updated: 31 October 2023