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.