- Code LAWS8131
- Unit Value 6 units
- Offered by ANU School of Legal Practice
- ANU College ANU College of Law
- Course subject Laws
- Areas of interest Law, Legal Practice
- Academic career PGRD
- Mode of delivery Online
Although a subset of legal drafting, commercial drafting is extremely broad, with areas like contract law, corporate law, banking and finance and intellectual property constituting well established specialisations in legal practice.
Principal topics in this online course include:
• Drafting techniques;
• Structure of commercial contracts;
• Sources of ambiguity and drafting solutions; and
• Specific contract drafting issues (e.g. dispute resolution clauses and confidentiality clauses).
A professional background in commercial law is not a pre-requisite to the course. Legal drafting covers the whole range of legal practice – an almost impossibly broad range as attempts such as Butterworths Encyclopaedia of Forms and Precedents demonstrates. A comprehensive coverage of commercial legal content areas is not possible in this course. Rather, the course covers drafting techniques and a range of particular drafting issues to prepare students for the two major assessment tasks of Document Analysis and Original Drafting.
In addition, it is important for students to note that, although contractual interpretation/construction is relevant to much of commercial drafting, due to the practical focus of this course, we will not be providing in depth coverage on this aspect of contract law. The course will provide students with practice and feedback in solving common drafting problems, particularly in a commercial context.
Upon successful completion, students will have the knowledge and skills to:
- Explain, critically evaluate and debate drafting techniques, evidencing research by including by reference to the latest cases (if any) and commentary on a particular issue;
- Explain, critically evaluate and debate particular drafting issues affecting contracts, evidencing research by including reference to the latest cases and commentary on a particular issue;
- Identify, analyse and critique issues in a contract in accordance with the drafting techniques and drafting issues learnt in the course; and
- As a capstone project, critically examine and evaluate, then independently plan and redraft a contract in accordance with a client's instructions to avoid common contract issues, and, where required, provide advice to client.
This course is run online on WATTLE. Once enrolled logon to WATTLE using your ISIS username and password. When available students will be able to gain access to course materials.
- Indicative assessment may include: (null) [LO null]
- 1. Identification and analysis of drafting techniques (short researched discussion board posting) - 15% (15) [LO null]
- 2. Evaluation and discussion of particular drafting issues (short researched discussion board posting) — 15% (15) [LO null]
- 3. Document analysis and critique of draft contract — 30% (30) [LO null]
- 4. Original drafting of a contract in accordance with client instructions — 40% (40) [LO null]
In response to COVID-19: Please note that Semester 2 Class Summary information (available under the classes tab) is as up to date as possible. Changes to Class Summaries not captured by this publication will be available to enrolled students via Wattle.
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Equivalent of 26 contact hours through Wattle.
The course comprises of four modules and will involve both assessable and non-assessable discussion forums, real-time online chats and private online dialogue with the lecturer. There are no face-to-face classes in the course.
Requisite and Incompatibility
To be confirmed
Tuition fees are for the academic year indicated at the top of the page.
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- Student Contribution Band:
- Unit value:
- 6 units
If you are an undergraduate student and have been offered a Commonwealth supported place, your fees are set by the Australian Government for each course. At ANU 1 EFTSL is 48 units (normally 8 x 6-unit courses). You can find your student contribution amount for each course at Fees. Where there is a unit range displayed for this course, not all unit options below may be available.
Offerings, Dates and Class Summary Links
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