Handbook

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.

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