Overview
LAWS11061 Contract A 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. In this unit you will examine the theoretical analysis of contract law; the formation of a contract including contractual agreement; intention to create legal relations; contractual consideration; and contractual capacity. Consideration will also be given to the contents, construction and interpretation of a contract and the doctrine of privity of contract. This unit together with LAWS11062 Contract B meets the LPAB requirements for contracts.
Details
Pre-requisites or Co-requisites
Prerequisite or corequisite:- LAWS11057Students must be enrolled in CG98 Bachelor of Laws, CB68 Bachelor of Laws and Bachelor of Accounting or CB94 Bachelor of Laws and Bachelor of Arts
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 3 - 2018
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.
- Evaluate a contract to determine whether the elements of contract formation are present
- Analyse and interpret the express and implied provisions of a contract to determine its objective meaning
- Explore general theories of contract law to guide the analysis of contractual disputes, and understand their operation in context
- 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.
Alignment of Assessment Tasks to Learning Outcomes
| Assessment Tasks | Learning Outcomes | ||||
|---|---|---|---|---|---|
| 1 | 2 | 3 | 4 | 5 | |
| 1 - Online Quiz(zes) - 5% | |||||
| 2 - Written Assessment - 40% | |||||
| 3 - Online Quiz(zes) - 10% | |||||
| 4 - Written Assessment - 5% | |||||
| 5 - Examination - 40% | |||||
Alignment of Graduate Attributes to Learning Outcomes
| Graduate Attributes | Learning Outcomes | ||||
|---|---|---|---|---|---|
| 1 | 2 | 3 | 4 | 5 | |
| 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 - Examination - 40% | ||||||||||
Textbooks
Contract Law
Edition: Fifth (2018)
Authors: Willmott, Christensen, Butler, Dixon
Oxford
South Melbourne South Melbourne , Victoria , Australia
ISBN: 9780190304751
Binding: Paperback
Contract Law Casebook
Edition: 3rd edn (2018)
Authors: Butler, D, Christensen, D, Dixon, B & Wilmott
Oxford University Press
South Melbourne South Melbourne , Vic , Australia
ISBN: 9780190304768
Binding: Paperback
Additional Textbook Information
The CONTRACT LAW CASE BOOK (3rd edition, 2018) is a companion textbook.This book is recommended, but not prescribed. These books are used in Contract B as well and are sold packaged together at a reduced cost to students.To purchase the value pack, see the CQUni Bookshop here: http://bookshop.cqu.edu.au (search on the Unit code).
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.
a.m.george@cqu.edu.au
Module/Topic
Introduction: Legal Research and the Doctrine of Precedent, Theories of Contract Law
Chapter
Text chapters 1 and 2, resources on Moodle
Recommended: case book, chapters 1 and 2
(All references to 'text' in this Unit Profile refer to the prescribed textbook: Willmott et al, Contract Law (OUP, 5th edition, 2018)).
(All references to 'case book' in this Unit Profile refer to the companion case book: Butler, Christensen, Dixon and Wilmott, Contract Law Case Book (OUP, 3rd edition, 2018)).
Events and Submissions/Topic
Tutorial 1
Module/Topic
Intention to Create Legal Relations and legal analysis, writing skills
Chapter
Text chapter 5, resources on Moodle
Recommended: case book chapter 5
Events and Submissions/Topic
Tutorial 2
Module/Topic
Capacity to Contract
Chapter
Text chapter 10, resources on Moodle
Recommended: case book chapter 10
Events and Submissions/Topic
Tutorial 3
Module/Topic
Offer and Acceptance
Chapter
Text chapter 3, resources on Moodle
Recommended: case book chapter 3
Events and Submissions/Topic
Tutorial 4, first Quiz due.
Start research for written assessment.
Quiz Due: Week 4 Friday (30 Nov 2018) 5:00 pm AEST
Module/Topic
Study break
Chapter
n/a
Events and Submissions/Topic
No tutorial. Continue research, analysis for written assessment.
Module/Topic
Consideration
Chapter
Text chapter 6, resources on Moodle
Recommended: case book chapter 6
Events and Submissions/Topic
Tutorial 5
Module/Topic
Certainty and Completeness
Chapter
Text chapter 4, resources on Moodle
Recommended: case book chapter 4
Events and Submissions/Topic
Tutorial 6
Module/Topic
Express Terms
Chapter
Text chapter 8 selected paragraphs (8.1-8.4), chapter 9 selected paragraph (9.3), resources on Moodle
Recommended: case book chapter 8 selected paragraphs (8.01-8.13)
Events and Submissions/Topic
Tutorial 7
Written assessment due
Written Assessment Due: Week 7 Friday (4 Jan 2019) 5:00 pm AEST
Module/Topic
Construction of a Contract
Chapter
Text chapter 9 (excluding paragraph 9.3), resources on Moodle
Recommended: case book chapter 9
Events and Submissions/Topic
Tutorial 8
Module/Topic
Implied Terms
Chapter
Text chapter 8 selected paragraph (8.5), resources on Moodle
Recommended: case book chapter 8 selected paragraphs (8.14-8.28)
Events and Submissions/Topic
Tutorial 9
Module/Topic
Australian Consumer Law: Unfair Terms and Consumer Guarantees
Chapter
Text chapters 26 & 27, resources on Moodle
No recommended readings from case book
Events and Submissions/Topic
Tutorial 10
Module/Topic
Privity of Contract
Chapter
Text chapter 12, resources on Moodle
Recommended: case book chapter 12
Events and Submissions/Topic
Tutorial 11
Online Quiz Due: Week 11 Friday (1 Feb 2019) 5:00 pm AEST
Tutorial Participation Reflection Due: Week 11 Friday (1 Feb 2019) 5:00 pm AEST
Module/Topic
Unit wrap-up, revision, exam preparation
Chapter
n/a
Events and Submissions/Topic
Tutorial 12
Module/Topic
Chapter
Events and Submissions/Topic
Exam, date TBA
While not prescribed, the companion case book to the Willmott text is highly recommended: Butler, Christensen, Dixon and Willmott, Contract Law Case Book (OUP, 3rd edition, 2018).
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.
Other
Week 4 Friday (30 Nov 2018) 5:00 pm AEST
Week 4 Friday (30 Nov 2018)
Results released once the Quiz closes
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 present
- Compare the operation of Australian contract law with overseas contract law, particularly in relation to online commerce
- Problem Solving
- Information Literacy
- Information Technology Competence
2 Written Assessment
This assessment involves answering a problem-based question. The answer, which must cite appropriate legal principles and case law, consists of 1,500 - 1,750 words (including footnotes). All submissions must include appropriate legal footnotes that are compliant with Australian Guide to Legal Referencing 3rd edition.
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 (4 Jan 2019) 5:00 pm AEST
Week 9 Friday (18 Jan 2019)
Feedback and marks will be returned to students two weeks from submission date.
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.
- Evaluate a contract to determine whether the elements of contract formation are present
- Research legal principles from statute and case law, and apply those principles to the analysis of contractual disputes.
- Communication
- Critical Thinking
- Information Literacy
- Information Technology Competence
- Ethical practice
3 Online Quiz(zes)
This assessment is designed to give students an additional opportunity to assess their progress in this subject. The quiz will consist of ten questions worth a mark each.
Other
Week 11 Friday (1 Feb 2019) 5:00 pm AEST
Week 11 Friday (1 Feb 2019)
The quiz results will be released once the quiz has closed
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.
- Analyse and interpret the express and implied provisions of a contract to determine its objective meaning
- Problem Solving
- Information Literacy
- Information Technology Competence
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.
Week 11 Friday (1 Feb 2019) 5:00 pm AEST
Students may choose (and are encouraged) to submit this piece of assessment earlier than the due time and date.
Exam Week Monday (11 Feb 2019)
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/or how you assist others.
- Explore general theories of contract law to guide the analysis of contractual disputes, and understand their operation in context
- Compare the operation of Australian contract law with overseas contract law, particularly in relation to online commerce
- 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.
- Communication
- Critical Thinking
- Information Literacy
- Team Work
- Information Technology Competence
- Cross Cultural Competence
- Ethical practice
Examination
Law dictionaries, Business and Law dictionaries (discipline specific dictionaries) are authorised.
No calculators permitted
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?
