SEMESTER 1 2020-2021: LAW1027
Seminar four: Terms and Contractual
Interpretation
Seminar preparation:
Before this seminar, you are expected to have completed the following:
Reviewed the captured content for week 7
Completed the guided learning tasks for week 7
Essential reading:
- Merkin, R. Saintier, S. ‘Poole's Textbook on Contract Law’ 2019
(OUP): Chapter 6.2; 6.4-6.5 only
Optional further reading:
- McCunn, J. (2016), ‘Belize It or Not: Implied Contract Terms in Marks
and Spencer v BNP Paribas.’ The Modern Law Review, 79: 1090-
1101.
- Collins, H. ‘Implied Terms: The Foundation in Good Faith and Fair
Dealing’ Current Legal Problems, Vol. 67 (2014), pp. 297–331
- Benoliel, U. ‘The Interpretation of Commercial Contracts’, Alabama
Law Review, Vol. 69, Issue 2 (2017), pp. 469-494
Assessment focus:
The topic of Terms may feature as an aspect of a problem question on
exemption clauses (see next seminar) in the exam (there will be a choice
from three PQs), where knowledge of terms will be necessary in order to
establish potential liability. The topic of Terms, as well as Contractual
Interpretation, may also be relevant to essays in the exam. Knowledge of
all topics covered in the module is necessary for a better understanding
and appreciation of Contract Law doctrine and its application.
Seminar four: Terms and Contractual
Interpretation
Seminar preparation:
Before this seminar, you are expected to have completed the following:
Reviewed the captured content for week 7
Completed the guided learning tasks for week 7
Essential reading:
- Merkin, R. Saintier, S. ‘Poole's Textbook on Contract Law’ 2019
(OUP): Chapter 6.2; 6.4-6.5 only
Optional further reading:
- McCunn, J. (2016), ‘Belize It or Not: Implied Contract Terms in Marks
and Spencer v BNP Paribas.’ The Modern Law Review, 79: 1090-
1101.
- Collins, H. ‘Implied Terms: The Foundation in Good Faith and Fair
Dealing’ Current Legal Problems, Vol. 67 (2014), pp. 297–331
- Benoliel, U. ‘The Interpretation of Commercial Contracts’, Alabama
Law Review, Vol. 69, Issue 2 (2017), pp. 469-494
Assessment focus:
The topic of Terms may feature as an aspect of a problem question on
exemption clauses (see next seminar) in the exam (there will be a choice
from three PQs), where knowledge of terms will be necessary in order to
establish potential liability. The topic of Terms, as well as Contractual
Interpretation, may also be relevant to essays in the exam. Knowledge of
all topics covered in the module is necessary for a better understanding
and appreciation of Contract Law doctrine and its application.
