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
Pre-requisites or Co-requisites
Prerequisite or corequisite:- LAWS11057
Important note: Students enrolled in a subsequent unit who failed their pre-requisite unit, should drop the subsequent unit before the census date or within 10 working days of Fail grade notification. Students who do not drop the unit in this timeframe cannot later drop the unit without academic and financial liability. See details in the Assessment Policy and Procedure (Higher Education Coursework).
Offerings For Term 2 - 2017
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).
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 Grading
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 Policy for more details of interim results and final grades.
All University policies are available on the CQUniversity Policy site.
You may wish to view these policies:
- Grades and Results Policy
- Assessment Policy and Procedure (Higher Education Coursework)
- Review of Grade Procedure
- Student Academic Integrity Policy and Procedure
- Monitoring Academic Progress (MAP) Policy and Procedure – Domestic Students
- Monitoring Academic Progress (MAP) Policy and Procedure – International Students
- Student Refund and Credit Balance Policy and Procedure
- Student Feedback – Compliments and Complaints Policy and Procedure
- Information and Communications Technology Acceptable Use Policy and Procedure
This list is not an exhaustive list of all University policies. The full list of University policies are available on the CQUniversity Policy site.
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 from Student evaluations
Incorporate a discussion of writing styles into the course
That a discussion of different approaches to writing in law be included in 'Skills Week'.
- Evaluate a contract to determine whether the elements of contract formation are properly present
- Analyse and interpret the express and implied provisions of a contract to determine its objective meaning
- Apply general theories of contract law to guide the analysis of contractual disputes
- Compare the operation of Australian contract law with overseas contract law, particularly in relation to online commerce
- Research legal principles from statute and case law, and apply those principles to the analysis of contractual disputes
- 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) - 5% | ||||||
2 - Written Assessment - 40% | ||||||
3 - Online Quiz(zes) - 10% | ||||||
4 - Written Assessment - 5% | ||||||
5 - Written Assessment - 40% |
Alignment of Graduate Attributes to Learning Outcomes
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 | ||||||
9 - Social Innovation | ||||||
10 - Aboriginal and Torres Strait Islander Cultures |
Alignment of Assessment Tasks to Graduate Attributes
Assessment Tasks | Graduate Attributes | |||||||||
---|---|---|---|---|---|---|---|---|---|---|
1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | 9 | 10 | |
1 - Online Quiz(zes) - 5% | ||||||||||
2 - Written Assessment - 40% | ||||||||||
3 - Online Quiz(zes) - 10% | ||||||||||
4 - Written Assessment - 5% | ||||||||||
5 - Written Assessment - 40% |
Textbooks
Contract Law
4th edition (2014)
Authors: Lindy Willmott, Sharon Christensen, Des Butler and Bill Dixon
Oxford University Press
South Melbourne South Melbourne , Victoria , Australia
ISBN: 9780195578461
Binding: Hardcover
Contract Law Casebook
Edition: 2nd edn (2013)
Authors: Butler, D, Christensen, D, Dixon, B & Wilmott, L
Oxford University Press
South Melbourne South Melbourne , Vic , Australia
ISBN: 9780195578478
Binding: Paperback
Additional Textbook Information
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.These books are used in Contract B as well.
Books can be purchased either individually or in a value pack at the CQUni Bookshop here:http://bookshop.cqu.edu.au
IT Resources
- CQUniversity Student Email
- Internet
- Unit Website (Moodle)
All submissions for this unit must use the referencing style: Australian Guide to Legal Citation, 3rd ed
For further information, see the Assessment Tasks.
s.p.bird@cqu.edu.au
Module/Topic
Introduction/Theories of Contract Law
Chapter
Willmott et al Ch. 1
Events and Submissions/Topic
Tutorial 1
Module/Topic
Capacity to Contract
Chapter
Willmott et al Ch. 10
Events and Submissions/Topic
Tutorial 2
Module/Topic
Intention to Create Legal Relations
Chapter
Willmott et al, Ch. 5
Events and Submissions/Topic
Tutorial 3
Module/Topic
Offer and Acceptance
Chapter
Willmott et al Ch. 3
Events and Submissions/Topic
Tutorial 4
Online Quiz Due: Week 4 Friday (4 Aug 2017) 11:45 pm AEST
Module/Topic
Consideration
Chapter
Willmott et al Ch. 6
Events and Submissions/Topic
Tutorial 5
Module/Topic
Chapter
Events and Submissions/Topic
Module/Topic
Certainty and Completeness
Chapter
Willmott et al Ch. 4
Events and Submissions/Topic
Tutorial 6
Module/Topic
Skills Week
Chapter
Study Guide Week 7
Events and Submissions/Topic
Tutorial 7
Written Assessment Due: Week 7 Friday (1 Sept 2017) 11:45 pm AEST
Module/Topic
Express Terms
Chapter
Willmott et al Ch. 8.2-8.3 (pp. 212 - 239) Ch. 9.3 (pp. 313-321)
Events and Submissions/Topic
Tutorial 8
Module/Topic
Construction of a Contract
Chapter
Willmott et al, Ch. 9
Events and Submissions/Topic
Tutorial 9
Module/Topic
Construction of a Contract: Implied Terms
Chapter
Willmott et al, Ch 8.5, pp. 245-291
Events and Submissions/Topic
Tutorial 10
Online Quiz Due: Week 10 Friday (22 Sept 2017) 11:45 pm AEST
Module/Topic
The Australian Consumer Law: Unfair Terms and Consumer Guarantees
Chapter
Willmott et al Chs. 26-27
Events and Submissions/Topic
Tutorial 11
Module/Topic
Privity of Contract
Chapter
Willmott et al, Ch. 12
Events and Submissions/Topic
Tutorial 12
Tutorial Participation Due: Week 12 Thursday (5 Oct 2017) 11:45 pm AEST
Module/Topic
Chapter
Events and Submissions/Topic
Module/Topic
Chapter
Events and Submissions/Topic
1 Online Quiz(zes)
This assessment is designed to give students an early opportunity to assess their progress in this subject. The quiz will consist of ten questions worth half a mark each.
1
Other
Week 4 Friday (4 Aug 2017) 11:45 pm AEST
Week 5 Friday (11 Aug 2017)
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.
- Evaluate a contract to determine whether the elements of contract formation are properly present
- Analyse and interpret the express and implied provisions of a contract to determine its objective meaning
- Apply general theories of contract law to guide the analysis of contractual disputes
- Compare the operation of Australian contract law with overseas contract law, particularly in relation to online commerce
- Research legal principles from statute and case law, and apply those principles to the analysis of contractual disputes
- Manage the student’s study workload to ensure the timely delivery of high quality analysis
- Communication
- Problem Solving
- Critical Thinking
- Information Literacy
- Team Work
- Information Technology Competence
- Cross Cultural Competence
- Ethical practice
2 Written Assessment
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.
Week 7 Friday (1 Sept 2017) 11:45 pm AEST
Week 10 Friday (22 Sept 2017)
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.
- Analyse and interpret the express and implied provisions of a contract to determine its objective meaning
- Apply general theories of contract law to guide the analysis of contractual disputes
- Critical Thinking
- Information Literacy
- Information Technology Competence
- Ethical practice
3 Online Quiz(zes)
This quiz with consist of 10 questions worth 1 mark each. The questions are designed to test student understanding of the materials presented in the unit.
1
Week 10 Friday (22 Sept 2017) 11:45 pm AEST
Week 12 Friday (6 Oct 2017)
Marks for this assessment will primarily be given based on the correct identification of the answer to each question.
- Analyse and interpret the express and implied provisions of a contract to determine its objective meaning
- Apply general theories of contract law to guide the analysis of contractual disputes
- Critical Thinking
- Information Literacy
- Information Technology Competence
- Ethical practice
4 Written Assessment
Students are to reflect on a contribution to the Moodle discussion board, or Zoom tutorial/s. These are short pieces which are evidence of the graduate learning outcomes of Communications Skills and Team Work. Total word count is 150-300 words.
The tutorial participation should refer to a post/posts on the Moodle discussion board or issues raised in the tutorial by the student. A reflection on the contribution is to be submitted to 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.
Week 12 Thursday (5 Oct 2017) 11:45 pm AEST
Exam Week Thursday (19 Oct 2017)
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.
- Evaluate a contract to determine whether the elements of contract formation are properly present
- Apply general theories of contract law to guide the analysis of contractual disputes
- Compare the operation of Australian contract law with overseas contract law, particularly in relation to online commerce
- Research legal principles from statute and case law, and apply those principles to the analysis of contractual disputes
- Manage the student’s study workload to ensure the timely delivery of high quality analysis
- Communication
- Problem Solving
- Critical Thinking
- Information Literacy
- Information Technology Competence
- Cross Cultural Competence
- Ethical practice
5 Written Assessment
This final written assessment involves the online submission of answers to problem-based and/or theoretical questions.
The answer(s), which must cite appropriate legal principles and case law, should be in the vicinity of 1,500-2,000 in total.
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 36 hours within which to submit their answers to the questions, which will be made available 36 hours prior to the due date. The final paper date will be in the revision or exam week pending timetabling approval.
This assessment task must be completed within the set 36 hour time frame; exact date to be announced. In the absence of an approved extension, there will be no opportunity to complete the task after this date.
The due date for the final take-home paper will be announced once the exam timetable is finalised.
The marks for this assessment will be available three weeks following submission.
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.
- Evaluate a contract to determine whether the elements of contract formation are properly present
- Manage the student’s study workload to ensure the timely delivery of high quality analysis
- Communication
- Problem Solving
- Information Literacy
- Team Work
- Information Technology Competence
- Ethical practice
As a CQUniversity student you are expected to act honestly in all aspects of your academic work.
Any assessable work undertaken or submitted for review or assessment must be your own work. Assessable work is any type of work you do to meet the assessment requirements in the unit, including draft work submitted for review and feedback and final work to be assessed.
When you use the ideas, words or data of others in your assessment, you must thoroughly and clearly acknowledge the source of this information by using the correct referencing style for your unit. Using others’ work without proper acknowledgement may be considered a form of intellectual dishonesty.
Participating honestly, respectfully, responsibly, and fairly in your university study ensures the CQUniversity qualification you earn will be valued as a true indication of your individual academic achievement and will continue to receive the respect and recognition it deserves.
As a student, you are responsible for reading and following CQUniversity’s policies, including the Student Academic Integrity Policy and Procedure. This policy sets out CQUniversity’s expectations of you to act with integrity, examples of academic integrity breaches to avoid, the processes used to address alleged breaches of academic integrity, and potential penalties.
What is a breach of academic integrity?
A breach of academic integrity includes but is not limited to plagiarism, self-plagiarism, collusion, cheating, contract cheating, and academic misconduct. The Student Academic Integrity Policy and Procedure defines what these terms mean and gives examples.
Why is academic integrity important?
A breach of academic integrity may result in one or more penalties, including suspension or even expulsion from the University. It can also have negative implications for student visas and future enrolment at CQUniversity or elsewhere. Students who engage in contract cheating also risk being blackmailed by contract cheating services.
Where can I get assistance?
For academic advice and guidance, the Academic Learning Centre (ALC) can support you in becoming confident in completing assessments with integrity and of high standard.