Explain the rules australian courts apply in clauses

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Reference no: EM131368268 , Length: word count:2000

BUSINESS AND COMPANY LAW ASSIGNMENT

An exclusion or exemption clause is designed to exclude or limit the liability of one of the parties to a contract. An exclusion clause can protect that party from the consequences of both breach of contract and tortious conduct (such as negligence) that he or she commits while performing the contract.

Explain the rules Australian courts apply in interpreting exclusion clauses, in particular, the factors which govern their effectiveness.

Discuss also how exemption clauses are affected by the Australian Consumer Law that are applicable to contracts in Australia.

SUGGESTED REFERENCES:

Required readings:

Fitzpatrick J, Symes C, Veljanovski A, Parker D. (2013) Business and Corporations Law, 2nd Ed., Lexis Nexis Butterworths. Chapter 9 at P 488

Recommended readings: General recommended Textbooks:

Sweeney, O'Reilly & Coleman, 2013, Law in Commerce, 5th Ed., LexisNexis.

Stephen Graw, 2011, An Introduction to the Law of Contract, 7th Ed., Thomson Reuters.

Latimer, P, Australian Business Law CC, 2016 Edition.

Vermeesch, R B, Lindgren, K E, Business Law of Australia Butterworths, 12th Edition, 2011.

Graw, Parker, Whitford, Sangkuhl and Do, Understanding Business Law 7th ed LexisNexis Butterworths, 2015.

Lipton P, Herzberg A and Welsh, M, Understanding Company Law, 18th edition 2016 Thomson Reuters.

Harris, J. Hargovan, A. Adams, M. Australian Corporate Law LexisNexis Butterworths 5th edition, 2015.

Vermeesch, R B, Lindgren, K E, Business Law of Australia Butterworths, 11th Edition, 2005.

Pentony, Graw, Lennard & Parker, Understanding Business Law 3rd ed Butterworths, 2009.

Crosling G M, Murphy H M, How to Study Business Law 4th Edition, Butterworths, 2009.

Reference no: EM131368268

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len1368268

1/23/2017 5:31:36 AM

Depth of understanding of the topic and identification of relevant issues. Awareness accuracy of the nature and content of relevant law. Clarity and coherence of the analysis and quality of discussion and argument. In law, the preferred referencing style is footnoting. Students are reminded that they will lose marks if they merely reproduce passages copied word for word from texts and other references without attempting to convey information and express ideas in their own words. Of course this does not preclude the intelligent use of relevant quotations in respect of which proper references are given. Format: Typed preferably and double-spaced, Title page with student name and number, Subject code and name, topic, A4 paper and Sequential page numbering. Assignments must be typed (word processor), using one side of the page only and leaving a wide margin. The word limit is 2,000 words.

len1368268

1/23/2017 5:31:30 AM

Australian Student, 2,000 words, Should be according to Australian Laws. The assignment should be written in your own words. A hard copy must be submitted. As well an electronic copy is to be submitted via the Turnitin link on the VU Collaborate. The Turnitin copy will be the 'time mark' for the purpose of the confirmation of the date and time of submission. Student must put their tutors name on the assignment and must not attach the Turnitin report to their assignment. All assignments must be in print form and submitted with a signed School of Law cover sheet. The Sydney VU lecturer will advise students about where the assignments are to be submitted.

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