LAWS11030 - Introductory and Contract Law
Term 2 - 2017


All details in this unit profile for LAWS11030 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 will introduce you to business law in Australia and the law of contract. Topics include the origins of the Australian legal system, the current legal environment of business and the law of contracts as it regulates business transactions. A particular study is made of the nature, terms, validity, operation and discharge of contracts. STUDENTS WHO HAVE PREVIOUSLY COMPLETED LAWS11054 COMMERCIAL LAW CANNOT ENROL IN THIS UNIT.

Details

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

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 2 - 2017
  • Brisbane
  • Bundaberg
  • Cairns
  • Distance
  • Gladstone
  • Mackay
  • Melbourne
  • Perth
  • Rockhampton
  • Sydney
  • Townsville

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. Written Assessment 40%
2. Examination 60%

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
Improve audio quality in recorded material. Student evaluations. Recorded material being refreshed with improved audio.
Match recordings with the PowerPoint presentations. Student evaluations. Recorded material being refreshed so that it aligns with PowerPoint presentations.
Legal terms difficult to understand. Student evaluations. Students to be referred to the legal glossary of terms. Teaching staff encouraged to quiz students on basic legal terminology for non-law students. Legal terminology to form part of Moodle discussions which should increase early course engagement.
On successful completion of this unit, you will be able to:
  1. Describe the Australian legal system including the formal structures, its historical evolution and the role of the doctrine of precedent and statutory interpretation
  2. Describe and discuss certain basic contract and tort legal concepts, referring to relevant sources of legal authority
  3. Idenitfy correctly legal problems and issues arising out of commonly encountered fact situations, and make informed decisions by applying the relevant law
  4. Communicate effectively in this discipline using appropriate style and terminology.

Alignment of Assessment Tasks to Learning Outcomes

Assessment Tasks Learning Outcomes
1 2 3 4
1 - Written Assessment
2 - Examination

Alignment of Graduate Attributes to Learning Outcomes

  • Introductory Level
  • Intermediate Level
  • Graduate Level
Graduate Attributes Learning Outcomes
1 2 3 4
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 - Written Assessment        
2 - Examination        

Prescribed Textbooks

Concise Australian Commercial Law
Author/s: Clive Turner, John Trone & Roger Gamble Year: 2015
Edition: 3rd Publisher: Thomson Reuters
City: Sydney State: NSW
Country: Australia
View textbooks at the CQUniversity Bookshop

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), OR American Psychological Association (APA) referencing style (details can be obtained here). For further information, see the Assessment Tasks below.
Unit CoordinatorDavid Beddoe (d.beddoe@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 10-07-2017

Introduction to Law and the Legal Process

Chapter 1

Week 2 17-07-2017

Development of the Australian Legal System

Chapter 1

Week 3 24-07-2017

The Common Law & the Doctrine and Practice of Precedent

Chapter 1

Week 4 31-07-2017

Legislation and Statutory Interpretation

Chapter 1

Week 5 07-08-2017

The Nature of a Contract: Offer and Acceptance

Chapters 2 & 3

Vacation Week 14-08-2017
Week 6 21-08-2017

Intention, Consideration and Capacity

Chapters 4, 5, 6

Week 7 28-08-2017

Operation and Contents of Contracts

Chapters 9, 10

Written Assessment Due Thursday (31 Aug 17) 11:45 PM AEST
Week 8 04-09-2017

Genuine Agreement

Chapter 7

Week 9 11-09-2017

Illegal and Void Contracts.

Chapters 8, 11

Week 10 18-09-2017

Discharge of a contract. Remedies for Breach of Contract

Chapter 12

Week 11 25-09-2017

Aspects of the Law of Tort

Chapter 14

Week 12 02-10-2017

Unit Review

Review/Exam Week 09-10-2017
Exam Week 16-10-2017

1 Written Assessment

Assessment Title Written Assessment
Task Description

Part A: Case analysis

You will be required to read and answer a series of questions from a case. Most of the answers can be taken directly from the case but some questions might require you to conduct some legal research. Part A of the Written Assessment aligns with learning outcomes 2, 3 & 4.

Part B: An essay and/or a legal problem question(s)

  • Essay - it is a short essay based on the material covered in the first four introductory modules. An essay would align with learning outcomes 1 and 4.
  • Legal problem question - you will be required to: identify legal issue(s), demonstrate your understanding of basic contract law concepts, cite the law to support your argument and make an informed decision applying the relevant law. A legal problem question aligns with learning outcomes 2, 3 and 4.

You are required to submit one WORD document (not PDF) containing all parts of your Written Assessment with the document name as your student name with student number ( e.g. Peter Smith S0123456.doc).

The questions you will be required to answer for this written assessment are found in Moodle under the Assessment block.

Assessment Due Date Week 7 Thursday (31-Aug-2017) 11:45 PM AEST
Assignments that are not submitted on time will attract a late penalty of 2 marks per day late, unless an extension has been granted. All applications of extension should be applied online via Moodle. Please provide document to support your application.
Return Date to Students Week 9 Friday (15-Sep-2017)
Students who submitted their written assessment on time will have their assessments returned on Friday of Week 9 before 11:45pm.
Weighting 40%
Assessment Criteria

High distinction standard

* the answer is very well written and clearly expressed

* there is a demonstrated appreciation and understanding of the issues involved

* the answer is well structured and logically organised

* demonstrated mastery of referencing system

* there is evidence of a comprehensive analysis of the issues

* conclusions are backed by well-reasoned arguments demonstrating a detailed insight and analysis of issues

* comprehensive coverage of all relevant issues

* references are made to the appropriate legislation for particular issues

* statutory provisions are analysed and interpreted correctly

* the legislation is applied to the particular fact situation in a competent manner

* consideration is given to the operation of the common law

Distinction standard

* the answer is well written and expressed

* the answer is structured and logical

* the issues have been reasonably well identified and appreciated

* there is correct use of referencing

* issues have been analysed

* reference is made to all appropriate legislation, although the analysis and interpretation is not as

detailed and reasoned as for the high distinction standard

* the effect of the common law is considered

* there is a comprehensive coverage of the issues

* occasional errors of law and legal reasoning may still be present.

Credit standard

*the answer is generally well written and expressed

* the answer is structured and sequential

* referencing is satisfactory

* issues are identified and addressed

* there has been an attempt to analyse some of the issues

* the coverage of issues is reasonably comprehensive often with a good treatment and analysis of

particular points

* errors of law and incorrect reasoning may sometimes be present

* statutory interpretation may require improvement

* depth of treatment is often lacking in some of the issues.

Pass standard

* the answer is able to be followed and understood

* the answer could perhaps be better organised and structured

* the referencing may need improvement

* issues may need to be identified and addressed in more depth

* analysis when present may be incorrect

* some familiarity with the legislation and its application is demonstrated

* sometimes the conclusions reached are simple

* there may be several errors of law

* there may be quantities of material of marginal relevance included in the answer.

Fail standard

* the answer may be significantly short of the required length

* the written expression is poor and difficult to understand

* the answer is poorly organised

* there has been a failure to identify and address the issues in the question

* referencing is generally inadequate

* there is a lack of familiarity with the legislation and its appropriate application

* the reasoning and application demonstrated is poor

* frequently there is much irrelevant material.

Referencing Style Australian Guide to Legal Citation, 3rd ed or American Psychological Association (APA)
Submission Online

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

1. Describe the Australian legal system including the formal structures, its historical evolution and the role of the doctrine of precedent and statutory interpretation

2. Describe and discuss certain basic contract and tort legal concepts, referring to relevant sources of legal authority

3. Idenitfy correctly legal problems and issues arising out of commonly encountered fact situations, and make informed decisions by applying the relevant law

4. Communicate effectively in this discipline using appropriate style and terminology.

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

1. Communication

2. Problem Solving

3. Critical Thinking

4. Information Literacy



Examination

Outline Complete an examination
Date During the University examination period
Weighting 60%
Length 180 minutes
Details Law dictionaries, Business and Law dictionaries (discipline specific dictionaries) are authorised.
No Calculators Permitted
Open Book
Learning Outcomes Assessed
This section can be expanded to view the assessed learning outcomes

1. Describe the Australian legal system including the formal structures, its historical evolution and the role of the doctrine of precedent and statutory interpretation

2. Describe and discuss certain basic contract and tort legal concepts, referring to relevant sources of legal authority

3. Idenitfy correctly legal problems and issues arising out of commonly encountered fact situations, and make informed decisions by applying the relevant law

4. Communicate effectively in this discipline using appropriate style and terminology.

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

1. Communication

2. Problem Solving

3. Critical Thinking

4. Information Literacy


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