CQUniversity Unit Profile
LAWS11061 Contract A
Contract A
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.
General Information

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: 10
Fraction of Full-Time Student Load: 0.125

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

Distance

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).

Class and Assessment Overview

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

Bundaberg, Cairns, Emerald, Gladstone, Mackay, Rockhampton, Townsville
Adelaide, Brisbane, Melbourne, Perth, Sydney

Assessment Overview

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

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.

Previous Student Feedback

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

Feedback

Incorporate a discussion of writing styles into the course

Recommendation

That a discussion of different approaches to writing in law be included in 'Skills Week'.

Unit Learning Outcomes
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 Learning Outcomes, Assessment and Graduate Attributes
N/A Level
Introductory Level
Intermediate Level
Graduate Level
Professional Level
Advanced Level

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

Alignment of Assessment Tasks to Graduate Attributes

Assessment Tasks Graduate Attributes
1 2 3 4 5 6 7 8 9
1 - Online Quiz(zes) - 5%
2 - Written Assessment - 40%
3 - Online Quiz(zes) - 10%
4 - Written Assessment - 5%
5 - Written Assessment - 40%
Textbooks and Resources

Textbooks

Prescribed

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
Supplementary

Contract Law Casebook 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

You will need access to the following IT resources:
  • CQUniversity Student Email
  • Internet
  • Unit Website (Moodle)
Referencing Style

All submissions for this unit must use the referencing style: Australian Guide to Legal Citation, 3rd ed

For further information, see the Assessment Tasks.

Teaching Contacts
Susan Bird Unit Coordinator
s.p.bird@cqu.edu.au
Schedule
Week 1 Begin Date: 10 Jul 2017

Module/Topic

Introduction/Theories of Contract Law

Chapter

Willmott et al Ch. 1

Events and Submissions/Topic

Tutorial 1

Week 2 Begin Date: 17 Jul 2017

Module/Topic

Capacity to Contract

Chapter

Willmott et al Ch. 10

Events and Submissions/Topic

Tutorial 2

Week 3 Begin Date: 24 Jul 2017

Module/Topic

Intention to Create Legal Relations

Chapter

Willmott et al, Ch. 5

Events and Submissions/Topic

Tutorial 3

Week 4 Begin Date: 31 Jul 2017

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
Week 5 Begin Date: 07 Aug 2017

Module/Topic

Consideration

Chapter

Willmott et al Ch. 6

Events and Submissions/Topic

Tutorial 5

Vacation Week Begin Date: 14 Aug 2017

Module/Topic

Chapter

Events and Submissions/Topic

Week 6 Begin Date: 21 Aug 2017

Module/Topic

Certainty and Completeness

Chapter

Willmott et al Ch. 4

Events and Submissions/Topic

Tutorial 6

Week 7 Begin Date: 28 Aug 2017

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
Week 8 Begin Date: 04 Sep 2017

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

Week 9 Begin Date: 11 Sep 2017

Module/Topic

Construction of a Contract

Chapter

Willmott et al, Ch. 9

Events and Submissions/Topic

Tutorial 9

Week 10 Begin Date: 18 Sep 2017

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
Week 11 Begin Date: 25 Sep 2017

Module/Topic

The Australian Consumer Law: Unfair Terms and Consumer Guarantees

Chapter

Willmott et al Chs. 26-27

Events and Submissions/Topic

Tutorial 11

Week 12 Begin Date: 02 Oct 2017

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
Review/Exam Week Begin Date: 09 Oct 2017

Module/Topic

Chapter

Events and Submissions/Topic

Exam Week Begin Date: 16 Oct 2017

Module/Topic

Chapter

Events and Submissions/Topic

Assessment Tasks

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 questions worth half a mark each.


Number of Quizzes

1


Frequency of Quizzes

Other


Assessment Due Date

Week 4 Friday (4 Aug 2017) 11:45 pm AEST


Return Date to Students

Week 5 Friday (11 Aug 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.


Referencing Style

Submission
Online

Learning Outcomes Assessed
  • 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


Graduate Attributes
  • Communication
  • Problem Solving
  • Critical Thinking
  • Information Literacy
  • Team Work
  • Information Technology Competence
  • Cross Cultural Competence
  • 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 (1 Sept 2017) 11:45 pm AEST


Return Date to Students

Week 10 Friday (22 Sept 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

Submission
Online

Learning Outcomes Assessed
  • 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


Graduate Attributes
  • Critical Thinking
  • Information Literacy
  • Information Technology Competence
  • Ethical practice

3 Online Quiz(zes)

Assessment Title
Online Quiz

Task Description

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.


Number of Quizzes

1


Frequency of Quizzes


Assessment Due Date

Week 10 Friday (22 Sept 2017) 11:45 pm AEST


Return Date to Students

Week 12 Friday (6 Oct 2017)


Weighting
10%

Assessment Criteria

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


Referencing Style

Submission
Online

Learning Outcomes Assessed
  • 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


Graduate Attributes
  • Critical Thinking
  • Information Literacy
  • Information Technology Competence
  • Ethical practice

4 Written Assessment

Assessment Title
Tutorial Participation

Task Description

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.


Assessment Due Date

Week 12 Thursday (5 Oct 2017) 11:45 pm AEST


Return Date to Students

Exam Week Thursday (19 Oct 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

Submission
Online

Learning Outcomes Assessed
  • 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


Graduate Attributes
  • Communication
  • Problem Solving
  • Critical Thinking
  • Information Literacy
  • Information Technology Competence
  • Cross Cultural Competence
  • 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 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.


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

Submission
Online

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

Learning Outcomes Assessed
  • 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


Graduate Attributes
  • Communication
  • Problem Solving
  • Information Literacy
  • Team Work
  • Information Technology Competence
  • Ethical practice

Academic Integrity Statement

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.

What can you do to act with integrity?