- CPD Points: 3.5 [PS] [SL]
- Price: $200.00
- Area: Business Law; Commercial Law; Commercial Disputes and Litigation; Contract Law
- Delivered: November 2018
- Audio File
- Paper (135 pages)
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Mr Jeffrey Goldberger delivers the second chapter in his suite of Contract Law Masterclasses. This workshop is aimed at practitioners with over five years’ experience. It will assist you to keep abreast of the latest developments in contract law and help you develop your technical skills to enable you to provide more effective solutions for your clients. Reviews from one of Jeffrey’s previous Contracts Masterclasses is “Phenomenal presenter”; “One of the best presentations ever, contracts law made interesting and engaging”; “The best contracts law seminar I’ve attended in many years”.
Part I: Contract Law in the Cases: a Practical Overview of Some Key Areas
- Agreements to negotiate in good faith: enforceability in Australian law.
- Assignment and novation of contracts.
- Reasonable and best endeavours as contractual obligations.
- Execution of contractual documents by corporations: agency, powers of attorney and Section 127 of the Corporations Act 2001.
- The use and abuse of boiler plate clauses.
Part II: Implied Contracts and Implied Terms
- Contracts implied or inferred by conduct
- Implication of terms generally
- The duty to co-operate in contract performance
- Incorporation of terms by reference or by a course of dealing
Part III: The Incorporation of Contractual Terms by Reference or By a Course of Dealing
The identification of contractual terms may involve the application of two distinct sets of
principles, namely, those which:
- determine the conditions for the incorporation of terms by reference or by a course of dealing;
- determine the conditions for the implication of terms.
Incorporation is concerned with establishing the express terms of a contract while the
process of implication is concerned with the filling of gaps in an otherwise complete
contract. This segment is concerned with incorporation.