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ANU Law School · ANU College of Law
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 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 per-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.
Identification and analysis of drafting techniques (short researched discussion board posting)
Learning outcomes 1, 2, 3
Evaluation and discussion of particular drafting issues (short researched discussion board posting)
Learning outcomes 1, 2, 3
Document analysis and critique of draft contract
Learning outcomes 1, 2, 3
Original drafting of a contract in accordance with client instructions
Learning outcomes 1, 2, 4
- Classes offered in non-standard sessions will be taught on an intensive base with compulsory contact hours (approximately 26 hours of face to face teaching). The course will also require advanced preparation through assigned readings. In total, it is anticipated that the hours required for completion of this course (class preparation, teaching and completion of assessment) will not exceed 120 hours. - Classes offered during semester periods are expected to have three contact hours per week. Click here for the LLM Masters Program course list Other Information This course is run online on WATTLE. When available students will be able to gain access to course materials.
Students must rely on the approved Class Summary which will be posted to the Programs and Courses site approximately two weeks prior to the commencement of the course. Alternatively, this information will be published in the Program course list when known.