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:- 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
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 feedback
More discussion of remedies requested
Explain to students that remedies are important but will be covered in Contract B.
Feedback from Student feedback
Q&A forum difficult to find
Spend some of the first tutorial looking at the layout of the Moodle site to assist beginning students in navigation.
- 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 - 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
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
- CQUniversity Student Email
- Internet
- Unit Website (Moodle)
All submissions for this unit must use the referencing style: Australian Guide to Legal Citation, 4th ed
For further information, see the Assessment Tasks.
m.oyson@cqu.edu.au
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
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
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
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
Module/Topic
Study Break
Chapter
n/a
Events and Submissions/Topic
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
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
Module/Topic
Skills Week
Chapter
Events and Submissions/Topic
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
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
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
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
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
Learning Reflection Due: Week 12 Friday (14 Feb 2020) 11:45 pm AEST
Module/Topic
Chapter
Events and Submissions/Topic
Exam, date TBA
1 Online Quiz(zes)
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.
5
Weekly
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.
Week 7 Wednesday (8 Jan 2020)
Results will be released once the quiz closes.
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.
- Problem Solving
- Information Literacy
- Information Technology Competence
2 Written Assessment
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.
Week 8 Wednesday (15 Jan 2020) 11:45 pm AEST
Via Moodle
Week 10 Wednesday (29 Jan 2020)
Feedback and marks will be returned to students two weeks from the submission date.
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.
- 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 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).
Other
Week 12 Wednesday (12 Feb 2020) 11:00 am AEST
Week 12 Wednesday (12 Feb 2020)
The quiz results will be released once the quiz has closed
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.
- 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
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.
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.
Exam Week Friday (21 Feb 2020)
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.
- 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
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.