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

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

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 Students must be enrolled in CG98 Bachelor of Laws, CB68 Bachelor of Laws and Bachelor of Accounting, CB94 Bachelor of Laws and Bachelor of Arts, CL51 Bachelor of Law and Bachelor of Science (Psychology), CL52 Bachelor of Laws and Bachelor of Property, CL53 Bachelor of Laws and Bachelor of Business or CL54 Bachelor of Laws and Bachelor of Information Technology.

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 - 2019

Online

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. Examination
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 feedback

Feedback

More discussion of remedies requested

Recommendation

Explain to students that remedies are important but will be covered in Contract B.

Feedback from Student feedback

Feedback

Q&A forum difficult to find

Recommendation

Spend some of the first tutorial looking at the layout of the Moodle site to assist beginning students in navigation.

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 present
  2. Analyse and interpret the express and implied provisions of a contract to determine its objective meaning
  3. Explore general theories of contract law to guide the analysis of contractual disputes, and understand their operation in context
  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.


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
1 - Written Assessment - 40%
2 - Online Quiz(zes) - 10%
3 - Written Assessment - 5%
4 - 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 and Resources

Textbooks

Prescribed

Contract Law

Edition: 5th (2018)
Authors: Lindy Willmott, Sharon Christensen, Des Butler, Bill Dixon
Oxford University Press
Melbourne Melbourne , Victoria , Australia
ISBN: 9780190304751
Binding: Paperback

Additional Textbook Information

The above book can also be purchased in a Value Pack with Casebook at a reduced price. To purchase either, see the CQUni Bookshop here: http://bookshop.cqu.edu.au (search on the Unit code)

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, 4th ed

For further information, see the Assessment Tasks.

Teaching Contacts
Manjo Oyson Unit Coordinator
m.oyson@cqu.edu.au
Schedule
Week 1 Begin Date: 11 Nov 2019

Module/Topic

Introduction: Theories of Contract Law

Chapter

Lindy Willmott, Sharon Christensen, Des Butler and Bill Dixon, Contract Law (OUP, 5th edition, 2018), Chapter 1.

Events and Submissions/Topic


Week 2 Begin Date: 18 Nov 2019

Module/Topic

Intention to Create Legal Relations 

Chapter

Lindy Willmott, Sharon Christensen, Des Butler and Bill Dixon, Contract Law (OUP, 5th edition, 2018), Chapter 5.

Events and Submissions/Topic


Week 3 Begin Date: 25 Nov 2019

Module/Topic

Capacity to Contract

Chapter

Lindy Willmott, Sharon Christensen, Des Butler and Bill Dixon, Contract Law (OUP, 5th edition, 2018), Chapter 10.

Events and Submissions/Topic


Week 4 Begin Date: 02 Dec 2019

Module/Topic

Agreement: Offer and Acceptance

Chapter

Lindy Willmott, Sharon Christensen, Des Butler and Bill Dixon, Contract Law (OUP, 5th edition, 2018), Chapter 3.

Events and Submissions/Topic


Vacation Week Begin Date: 09 Dec 2019

Module/Topic

Study Break

Chapter

n/a

Events and Submissions/Topic


Week 5 Begin Date: 16 Dec 2019

Module/Topic

Consideration

Chapter

Lindy Willmott, Sharon Christensen, Des Butler and Bill Dixon, Contract Law (OUP, 5th edition, 2018), Chapter 6.

Events and Submissions/Topic


Week 6 Begin Date: 23 Dec 2019

Module/Topic

Certainty and Completeness

Chapter

Lindy Willmott, Sharon Christensen, Des Butler and Bill Dixon, Contract Law (OUP, 5th edition, 2018), Chapter 4.

Events and Submissions/Topic

Weekly Quizzes Due: Week 6 Wednesday (25 Dec 2019) 11:00 am AEST
Week 7 Begin Date: 06 Jan 2020

Module/Topic

Skills Week 

Chapter


Events and Submissions/Topic


Week 8 Begin Date: 13 Jan 2020

Module/Topic

Express Terms

Chapter

Lindy Willmott, Sharon Christensen, Des Butler and Bill Dixon, Contract Law (OUP, 5th edition, 2018), Chapters 8.1 - 8.4.

Events and Submissions/Topic

Written Assessment Due: Week 8 Wednesday (15 Jan 2020) 11:45 pm AEST
Week 9 Begin Date: 20 Jan 2020

Module/Topic

Construction of a Contract

Chapter

Lindy Willmott, Sharon Christensen, Des Butler and Bill Dixon, Contract Law (OUP, 5th edition, 2018), Chapter 9.

Events and Submissions/Topic


Week 10 Begin Date: 27 Jan 2020

Module/Topic

Implied Terms

Chapter

Lindy Willmott, Sharon Christensen, Des Butler and Bill Dixon, Contract Law (OUP, 5th edition, 2018), Chapter 8.5.

Events and Submissions/Topic


Week 11 Begin Date: 03 Feb 2020

Module/Topic

Australian Consumer Law

Chapter

Lindy Willmott, Sharon Christensen, Des Butler and Bill Dixon, Contract Law (OUP, 5th edition, 2018), Chapter 26 - 27.

Events and Submissions/Topic


Week 12 Begin Date: 10 Feb 2020

Module/Topic

Privity of Contract and Exam Revision

Chapter

Lindy Willmott, Sharon Christensen, Des Butler and Bill Dixon, Contract Law (OUP, 5th edition, 2018), Chapter 12.

Events and Submissions/Topic

Online Quiz Due: Week 12 Wednesday (12 Feb 2020) 11:00 am AEST
Learning Reflection Due: Week 12 Friday (14 Feb 2020) 11:45 pm AEST
Exam Week Begin Date: 17 Feb 2020

Module/Topic

Chapter

Events and Submissions/Topic

Exam, date TBA

Assessment Tasks

1 Online Quiz(zes)

Assessment Title
Weekly Quizzes

Task Description

There will be five weekly online multiple-choice quizzes corresponding to the respective topics of weeks 2 to 6. Each weekly quiz involves one multiple-choice question (case-type or conceptual).

Each weekly online quiz, which comprises 1% of the final grade, shall be opened and made visible to students on Wednesday of each week at about 11 a.m. (AEST). The first quiz corresponding to the week 2 topic shall be opened and made visible on the Wednesday of week 2 (20 November). The second quiz corresponding to the week 3 topic shall then be opened and made visible on 27 November (Wednesday), et seq.

Students have seven calendar days or until Wednesday at 11 am (AEST) of the following week to answer each weekly online quiz. After the lapse of the seven-day period, students shall lose the opportunity to answer the quiz for that particular week. Given that each quiz only comprises one percent of the grade and that students have one week to do a quiz, there will be no extension whatsoever to do a quiz nor can a special quiz be arranged under any circumstance. The answer to a quiz shall be made visible immediately at the end of the seven-day period to do a quiz. There will be no online quiz during the mid-term break.


Number of Quizzes

5


Frequency of Quizzes

Weekly


Assessment Due Date

Week 6 Wednesday (25 Dec 2019) 11:00 am AEST

Students have seven calendar days or until Wednesday at 11 am (AEST) of each week to answer each weekly online quiz.


Return Date to Students

Week 7 Wednesday (8 Jan 2020)

Results will be released once the quiz closes.


Weighting
5%

Assessment Criteria

Each answer shall be assessed as to whether it is correct or incorrect according to: the correct identification of the legal issues and rules/legal principles, correct analysis and application of the rules and legal principles to the legal issues and the facts, and the conclusion.


Referencing Style

Submission
Online

Graduate Attributes
  • Problem Solving
  • Information Literacy
  • Information Technology Competence

2 Written Assessment

Assessment Title
Written Assessment

Task Description

This written assessment involves answering three case-type questions that will cover any of the topics up to week 6. The questions will be released on 8 January (Wednesday) at 6 pm (AEST) and answers are due one week after on 15 January (Wednesday) at 11:45 pm (AEST). The total word count for the answers, including footnotes, should not exceed 1,500 words.

All answers must cite appropriate legal principles and case law, and must include appropriate legal footnotes that comply with the Australian Guide to Legal Citation (4th edition).

The answers must be saved in MS Word (not as a PDF) in the following format: LastName_FirstName.docx.


Assessment Due Date

Week 8 Wednesday (15 Jan 2020) 11:45 pm AEST

Via Moodle


Return Date to Students

Week 10 Wednesday (29 Jan 2020)

Feedback and marks will be returned to students two weeks from the submission date.


Weighting
40%

Assessment Criteria

This assessment will be assessed according to the following criteria: correct and thorough identification of the legal issue(s) (10%) and rules/legal principles (30%); correct and thorough analysis and application of the rules and legal principles to the legal issue(s) and the facts (40%); well-thought-out conclusion (10%); and quality of the language usage and observance of proper structure, format, and instructions (10%). A detailed marking rubric is available on the Moodle site.


Referencing Style

Submission
Online

Submission Instructions
Submit through link on Moodle site

Learning Outcomes Assessed
  • 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.


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

3 Online Quiz(zes)

Assessment Title
Online Quiz

Task Description

This online quiz consists of ten multiple-choice questions that are each worth 1% of the grade. All of the questions must be answered. The quiz will cover the topics discussed in weeks 7 to 11.

The quiz will open on 5 February (Wednesday) at 11 AM (AEST) and will close after one week on 12 February (Wednesday) at 11 AM (AEST).


Number of Quizzes


Frequency of Quizzes

Other


Assessment Due Date

Week 12 Wednesday (12 Feb 2020) 11:00 am AEST


Return Date to Students

Week 12 Wednesday (12 Feb 2020)

The quiz results will be released once the quiz has closed


Weighting
10%

Assessment Criteria

Each answer shall be assessed as to whether it is correct or incorrect according to: the correct identification of the legal issues and rules/legal principles, correct analysis and application of the rules and legal principles to the legal issues and the facts, and the conclusion.


Referencing Style

Submission
Online

Learning Outcomes Assessed
  • Analyse and interpret the express and implied provisions of a contract to determine its objective meaning


Graduate Attributes
  • Problem Solving
  • Information Literacy
  • Information Technology Competence

4 Written Assessment

Assessment Title
Learning Reflection

Task Description

For this assessment, students are required to reflect on their learning of particular concepts in this unit and submit their written learning reflection. In particular, students must answer and reflect on these questions:

· What was the most important lesson that I learned in this unit, particularly in relation to either: 1) general theories of contract law as they are applied to contractual disputes, or 2) how Australian contract law compares with overseas contract law, particularly in relation to online commerce? (Explain that important lesson that you learned.)

· How specifically did I learn it?

· Why is this learning important or significant?

· In what ways will I make use of this learning?

The total word count for the reflection is 300 - 400 words. The marking rubric for this assessment can be found in Moodle.

The learning reflection must be saved in MS Word (not as a PDF) in the following format: LastName_FirstName.docx.


Assessment Due Date

Week 12 Friday (14 Feb 2020) 11:45 pm AEST

Students may choose (and are encouraged) to submit this piece of assessment earlier than the due time and date.


Return Date to Students

Exam Week Friday (21 Feb 2020)


Weighting
5%

Assessment Criteria

The learning reflection will be assessed according to the: 1) depth and level of reflective insight in answering the reflective questions; 2) application of appropriate legal principles from statute and case law; and 3) quality of the language usage.


Referencing Style

Submission
Online

Learning Outcomes Assessed
  • 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.


Graduate Attributes
  • Communication
  • Critical Thinking
  • Information Literacy
  • Team Work
  • Information Technology Competence
  • Cross Cultural Competence
  • Ethical practice

Examination

Outline
Complete an invigilated examination

Date
During the examination period, at a CQUniversity examination centre

Weighting
40%

Length
120 minutes

Details
Dictionary - non-electronic, concise, direct translation only (dictionary must not contain any notes or comments).
Open Book
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?