LAWS11061 - Contract A
Term 1 - 2017


All details in this unit profile for LAWS11061 have been officially approved by CQUniversity and represent a learning partnership between the University and you (our student). The information will not be changed unless absolutely necessary and any change will be clearly indicated by an approved correction included in the profile.

Overview

This unit provides you with an introduction to the law of contract in Australia and will focus on the fundamental principles of a valid and enforceable contract. The unit will examine the theoretical analysis of contract law; the formation of a contract including contractual agreement; intention to create legal relations; contractual consideration; promissory estoppel; and contractual capacity. Consideration will also be given to the contents and interpretation of a contract and the doctrine of privity of contract.

Details

Career Level Undergraduate
Unit Level Level 1
Credit Points 6
Student Contribution Band 3
Fraction of Full-Time Student Load 0.125

Pre-requisites or Co-requisites

Prerequisite or corequisite:- LAWS11057

Attendance Requirements

All on-campus students are expected to attend scheduled classes – in some units, these classes are identified as a mandatory (pass/fail) component and attendance is compulsory. International students, on a student visa, must maintain a full time study load and meet both attendance and academic progress requirements in each study period (satisfactory attendance for International students is defined as maintaining at least an 80% attendance record).

Offerings

Term 1 - 2017
  • Distance

Website

This unit has a website, within the Moodle system, which is available two weeks before the start of term. It is important that you visit your Moodle site throughout the term. Go to Moodle

Recommended Student Time Commitment

Each 6-credit Undergraduate unit at CQUniversity requires an overall time commitment of an average of 12.5 hours of study per week, making a total of 150 hours for the unit.

Class Timetable

Assessment Overview

Assessment Task Weighting
1. Online Quiz(zes) 5%
2. Written Assessment 40%
3. Online Quiz(zes) 10%
4. Written Assessment 5%
5. Written Assessment 40%

This is a graded unit: your overall grade will be calculated from the marks or grades for each assessment task, based on the relative weightings shown in the table above. You must obtain an overall mark for the unit of at least 50%, or an overall grade of ‘pass’ in order to pass the unit. If any ‘pass/fail’ tasks are shown in the table above they must also be completed successfully (‘pass’ grade). You must also meet any minimum mark requirements specified for a particular assessment task, as detailed in the ‘assessment task’ section (note that in some instances, the minimum mark for a task may be greater than 50%). Consult the University’s Grades and Results Procedures for more details of interim results and final grades.

All University policies are available on the IMPortal.

You may wish to view these policies:

  • Grades and Results Procedure
  • Assessment Policy and Procedure (Higher Education Coursework)
  • Review of Grade Procedure
  • Academic Misconduct Procedure
  • Monitoring Academic Progress (MAP) Policy and Procedure – Domestic Students
  • Monitoring Academic Progress (MAP) Policy and Procedure – International Students
  • Refund and Excess Payments (Credit Balances) Policy and Procedure
  • Student Feedback – Compliments and Complaints Policy and Procedure
  • Acceptable Use of Information and Communications Technology Facilities and Devices Policy and Procedure

This list is not an exhaustive list of all University policies. The full list of University policies are available on the IMPortal.

Feedback, Recommendations and Responses

Every unit is reviewed for enhancement each year. At the most recent review, the following staff and student feedback items were identified and recommendations were made.

Feedback Source Recommendation
Incorporate a discussion of writing styles into the course Student evaluations That a discussion of different approaches to writing in law be included in 'Skills Week'.
On successful completion of this unit, you will be able to:
  1. Evaluate a contract to determine whether the elements of contract formation are properly present
  2. Analyse and interpret the express and implied provisions of a contract to determine its objective meaning
  3. Apply general theories of contract law to guide the analysis of contractual disputes
  4. Compare the operation of Australian contract law with overseas contract law, particularly in relation to online commerce
  5. Research legal principles from statute and case law, and apply those principles to the analysis of contractual disputes
  6. Manage the student’s study workload to ensure the timely delivery of high quality analysis

Alignment of Assessment Tasks to Learning Outcomes

Assessment Tasks Learning Outcomes
1 2 3 4 5 6
1 - Online Quiz(zes)
2 - Written Assessment        
3 - Online Quiz(zes)        
4 - Written Assessment  
5 - Written Assessment        

Alignment of Graduate Attributes to Learning Outcomes

  • Introductory Level
  • Intermediate Level
  • Graduate Level
Graduate Attributes Learning Outcomes
1 2 3 4 5 6
1. Communication    
2. Problem Solving  
3. Critical Thinking  
4. Information Literacy  
5. Team Work          
6. Information Technology Competence          
7. Cross Cultural Competence          
8. Ethical practice          

Alignment of Assessment Tasks to Graduate Attributes

  • Introductory Level
  • Intermediate Level
  • Graduate Level
Assessment Tasks Graduate Attributes
1 2 3 4 5 6 7 8
1 - Online Quiz(zes)
2 - Written Assessment        
3 - Online Quiz(zes)        
4 - Written Assessment  
5 - Written Assessment    

Prescribed Textbooks

Contract Law
Author/s: Lindy Willmott, Sharon Christensen, Des Butler and Bill Dixon Year: 2014
Edition: 4th edition Publisher: Oxford University Press
City: South Melbourne State: Victoria
Country: Australia
View textbooks at the CQUniversity Bookshop

Other Resources

These are not compulsory, but may assist you:
Contract Law Casebook
Author/s: Butler, D, Christensen, D, Dixon, B & Wilmott, L Year: 2013
Edition: 2nd edn Publisher: Oxford University Press
City: South Melbourne State: Vic
Country: Australia
Other resources may be available at CQUniversity Library. Note:

The CONTRACT LAW CASE BOOK (2nd edition) by the same authors is a companion textbook. These books are sold packaged together at a reduced cost to students. This book is recommended, but not prescribed.

Books can be purchased either individually or in a value pack at the CQUni Bookshop here:http://bookshop.cqu.edu.au

IT Resources

You will need access to the following IT resources:
  • CQUniversity Student Email
  • Internet
  • Unit Website (Moodle)
All submissions for this unit must use the Australian Guide to Legal Citation, 3rd ed referencing style (details can be obtained here). For further information, see the Assessment Tasks below.
Unit CoordinatorSusan Bird (s.p.bird@cqu.edu.au)
Note: Check the Term-Specific section for any additional contact information provided by the teaching team
Week Begin Date Module/Topic Chapter Events and Submissions
Week 1 06-03-2017

Introduction/Theories of Contract Law

Willmott et al Ch. 1

Tutorial 1

Week 2 13-03-2017

Capacity to Contract

Willmott et al Ch. 10

Tutorial 2

Week 3 20-03-2017

Intention to Create Legal Relations

Willmott et al, Ch. 5

Tutorial 3

Week 4 27-03-2017

Offer and Acceptance

Willmott et al Ch. 3

Tutorial 4

Online Quiz Due Friday (31 Mar 17) 11:45 PM AEST
Week 5 03-04-2017

Consideration

Willmott et al Ch. 6

Tutorial 5

Vacation Week 10-04-2017
Week 6 17-04-2017

Certainty and Completeness

Willmott et al Ch. 4

Tutorial 6

Week 7 24-04-2017

Skills Week

Study Guide Week 7

Tutorial 7

Written Assessment Due Friday (28 Apr 17) 11:45 PM AEST
Week 8 01-05-2017

Express Terms

Willmott et al Ch. 8.2-8.3 (pp. 212 - 239)

Tutorial 8

Week 9 08-05-2017

Construction of a Contract

Willmott et al, Ch. 9

Tutorial 9

Week 10 15-05-2017

Construction of a Contract: Implied Terms

Willmott et al, Ch 8.5, pp. 245-291

Tutorial 10

Online Quiz Due Friday (19 May 17) 11:45 PM AEST
Week 11 22-05-2017

The Australian Consumer Law: Unfair Terms and Consumer Guarantees

Willmott et al Chs. 26-27

Tutorial 11

Week 12 29-05-2017

Privity of Contract

Willmott et al, Ch. 12

Tutorial 12

Tutorial Participation Due Thursday (01 Jun 17) 11:45 PM AEST
Review/Exam Week 05-06-2017
Exam Week 12-06-2017

1 Online Quiz(zes)

Assessment Title Online Quiz
Task Description

This assessment is designed to give students an early opportunity to assess their progress in this subject. The quiz will consist of ten short answer questions worth half a mark each.

Number of Quizzes 1
Frequency of Quizzes Other
Assessment Due Date Week 4 Friday (31-Mar-2017) 11:45 PM AEST
Return Date to Students Week 5 Friday (07-Apr-2017)
Weighting 5%
Assessment Criteria

The assessment criteria for this assignment is primarily factual, emphasising the student's ability to understand key concepts and identify the appropriate information to answer key questions.

Submission Online

Learning Outcomes Assessed
This section can be expanded to view the assessed learning outcomes

1. Evaluate a contract to determine whether the elements of contract formation are properly present

2. Analyse and interpret the express and implied provisions of a contract to determine its objective meaning

3. Apply general theories of contract law to guide the analysis of contractual disputes

4. Compare the operation of Australian contract law with overseas contract law, particularly in relation to online commerce

5. Research legal principles from statute and case law, and apply those principles to the analysis of contractual disputes

6. Manage the student’s study workload to ensure the timely delivery of high quality analysis

Graduate Attributes
This section can be expanded to view the assessed graduate attributes

1. Communication

2. Problem Solving

3. Critical Thinking

4. Information Literacy

5. Team Work

6. Information Technology Competence

7. Cross Cultural Competence

8. Ethical practice



2 Written Assessment

Assessment Title Written Assessment
Task Description

This assessment involves answering a problem-based question and/or theory-based question. The answer(s), which must cite appropriate legal principles and case law, consists of 1,500 - 1,750 words (including footnotes). A Bibliography, which is not counted in the word count limit, must be included.

The answer(s) must be submitted in Moodle in a Word file. The file must be saved and submitted in the following format: [Last Name]_[First Name]_[Student No.].doc. An example would be: Smyth_Kathryine_S99999.doc. The submission of a PDF is not permitted.

Assessment Due Date Week 7 Friday (28-Apr-2017) 11:45 PM AEST
Return Date to Students Week 10 Friday (19-May-2017)
Weighting 40%
Assessment Criteria

This assessment will be graded according to the following marking criteria: correct and thorough identification of the issues and rules/legal principles using appropriate legal authority and citations, correct and thorough analysis of the issues and application of the rules/legal principles to the problem with strong critical insight, well thought-out conclusion, and observance of the proper structure, format and instructions. A detailed marking rubric is available in Moodle in the 'Assessment Information' block.

Referencing Style Australian Guide to Legal Citation, 3rd ed
Submission Online

Learning Outcomes Assessed
This section can be expanded to view the assessed learning outcomes

2. Analyse and interpret the express and implied provisions of a contract to determine its objective meaning

3. Apply general theories of contract law to guide the analysis of contractual disputes

Graduate Attributes
This section can be expanded to view the assessed graduate attributes

3. Critical Thinking

4. Information Literacy

6. Information Technology Competence

8. Ethical practice



3 Online Quiz(zes)

Assessment Title Online Quiz
Task Description

This quiz with consist of 10 short answer questions worth 1 mark each. The questions are designed to test student understanding of the materials presented in the unit.

Number of Quizzes 1
Assessment Due Date Week 10 Friday (19-May-2017) 11:45 PM AEST
Return Date to Students Week 12 Friday (02-Jun-2017)
Weighting 10%
Assessment Criteria

Marks for this assessment will primarily be given based on the correct identification of the answer to each question.

Submission Online

Learning Outcomes Assessed
This section can be expanded to view the assessed learning outcomes

2. Analyse and interpret the express and implied provisions of a contract to determine its objective meaning

3. Apply general theories of contract law to guide the analysis of contractual disputes

Graduate Attributes
This section can be expanded to view the assessed graduate attributes

3. Critical Thinking

4. Information Literacy

6. Information Technology Competence

8. Ethical practice



4 Written Assessment

Assessment Title Tutorial Participation
Task Description

Students are to submit one or two posts which they have contributed to the Moodle discussion board, or a written description of contributions made in the tutorials. These are short pieces which are evidence of the graduate learning outcomes of Communications Skills and Team Work. A short (150-300 word) reflection on this contribution is added.

The tutorial participation must be posted on the Moodle discussion board or presented in the tutorial and written up by the student. Selected contribution is to then be submitted in Moodle in a Word file. The file must be saved and submitted in the following format: [Last Name]_[First Name]_[Student No.].doc. An example would be: Smyth_Kathryine_S99999.doc. The submission of a PDF is not permitted.

Assessment Due Date Week 12 Thursday (01-Jun-2017) 11:45 PM AEST
Return Date to Students Exam Week Thursday (15-Jun-2017)
Weighting 5%
Assessment Criteria

Through this assessment you are able to showcase your contributions to either the Zoom tutorials, or the Moodle discussion board. It will be assessed on your writing skills, your interaction/communication with others (if any), and how successfully you reflect on your own learning in the subject.

You will not be marked on whether your responses to the tutorial problems were right or wrong. It is more important here to show that you are willing to contribute, and assist others.

Referencing Style Australian Guide to Legal Citation, 3rd ed
Submission Online

Learning Outcomes Assessed
This section can be expanded to view the assessed learning outcomes

1. Evaluate a contract to determine whether the elements of contract formation are properly present

3. Apply general theories of contract law to guide the analysis of contractual disputes

4. Compare the operation of Australian contract law with overseas contract law, particularly in relation to online commerce

5. Research legal principles from statute and case law, and apply those principles to the analysis of contractual disputes

6. Manage the student’s study workload to ensure the timely delivery of high quality analysis

Graduate Attributes
This section can be expanded to view the assessed graduate attributes

1. Communication

2. Problem Solving

3. Critical Thinking

4. Information Literacy

6. Information Technology Competence

7. Cross Cultural Competence

8. Ethical practice



5 Written Assessment

Assessment Title Final (Online Take-Home) Written Assessment
Task Description

This final written assessment involves the online submission of answers to problem-based based questions.

The answer(s), which must cite appropriate legal principles and case law, consists of 1,500 - 1,750 words (including footnotes). A Bibliography, which is not counted in the word count limit, must be included.

The answer(s) must be submitted in Moodle in a Word file. The file must be saved and submitted in the following format: [Last Name]_[First Name]_[Student No.].doc. An example would be: Smyth_Kathryine_S99999.doc. The submission of a PDF is not permitted.

Students are given a non-extendible period of 48 hours within which to submit their answers to the questions, which will be made available 48 hours prior to the due date, TBA. The final paper date will be in the revision or exam week pending timetabling approval.

This assessment task must be completed within the set 48 hour time frame; date to be announced. In the absence of an approved extension, there will be no opportunity to complete the task after this date.

Assessment Due Date The due date for the final take-home paper will be announced once the exam timetable is finalised.
Return Date to Students The marks for this assessment will be available three weeks following submission.
Weighting 40%
Assessment Criteria

This assessment will be graded according to the following marking criteria: correct and thorough identification of the issues, rules/legal principles using appropriate legal authority and citations; correct and thorough analysis of the issues and application of the rules/legal principles to the problem and facts with strong critical insight; well thought-out conclusion; observance of the proper structure, format and instructions.

A detailed marking rubric is available in Moodle.

Referencing Style Australian Guide to Legal Citation, 3rd ed
Submission Online

E-submission via Moodle of a Word file. Submission of PDFs is not permitted.

Learning Outcomes Assessed
This section can be expanded to view the assessed learning outcomes

1. Evaluate a contract to determine whether the elements of contract formation are properly present

6. Manage the student’s study workload to ensure the timely delivery of high quality analysis

Graduate Attributes
This section can be expanded to view the assessed graduate attributes

1. Communication

2. Problem Solving

4. Information Literacy

5. Team Work

6. Information Technology Competence

8. Ethical practice




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