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 - 2020
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 evaluation
Would be great to receive the powerpoint slides for the lectures.
Consider supplying PowerPoint slides from lectures. Thought needs to be put into whether this oversimplifies the materials - is it better that students take their own notes?
Feedback from Student evaluation
How to research properly so I can analyse similar cases.
Check with LAWS11057 Introduction to law, as this material is likely covered in this unit, which is a pre- or co-requisite of LAWS11061.
- 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 - Written Assessment - 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 - Written Assessment - 40% | ||||||||||
Textbooks
Contract Law
Edition: 5th (2018)
Authors: Lindy Willmott, Sharon Christensen, Des Butler, Bill Dixon
Oxford
South Melbourne South Melbourne , Victoria , Australia
ISBN: 9780190304751
Binding: Paperback
Contract Law Case Book
Edition: 3rd (2018)
Authors: Des Butler, Sharon Christensen, Bill Dixon, Lindy Willmott
Oxford
South Melbourne South Melbourne , Victoria , Australia
ISBN: 9780190304768
Binding: Paperback
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
Study Break
Chapter
Events and Submissions/Topic
Module/Topic
Skills Week
Chapter
No textbook reading - Study Guide only
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), Chapters 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
Tutorial 12
Online Quiz 2 (One-Time) Due: Week 12 Wednesday (10 Feb 2021) 11:00 am AEST
Module/Topic
Chapter
Events and Submissions/Topic
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 (18 November). The second quiz corresponding to the week 3 topic shall then be opened and made visible on 25 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 3 Wednesday (25 Nov 2020) 11:00 am AEST
Students have seven calendar days or until Wednesday at 11 am (AEST) of the following week to answer each weekly online quiz.
Week 4 Wednesday (2 Dec 2020)
Results 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.
- Evaluate a contract to determine whether the elements of contract formation are present
- 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 6 January (Wednesday) at 6 pm (AEST) and answers are due one week after on 13 January (Wednesday) at 10:00 pm (AEST).
The total word count for the answers, including footnotes, should not exceed 1,500 words. There is no allowance for any word-count beyond 1,500 words. That part of your answer that exceeds the 1,500-word count limit will not be marked.
A bibliography is not required.
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 (13 Jan 2021) 10:00 pm AEST
On Moodle, Via Turnitin
Week 11 Wednesday (3 Feb 2021)
On Moodle and Turnitin Gradebook
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 3 February (Wednesday) at 11 AM (AEST) and will close after one week on 10 February (Wednesday) at 11 AM (AEST).
1
Other
Week 12 Wednesday (10 Feb 2021) 11:00 am AEST
Online via Moodle.
Week 12 Wednesday (10 Feb 2021)
Results 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 in this unit and submit their written learning reflection. When completing your reflection, you may wish to consider:
-
What was the most important concept or idea that I learned in this unit? You may wish to discuss this in relation to theories of contract law and how your ideas about contract law may have changed or developed throughout the semester.
-
Which week of learning particularly resonated with me, or helped me understand the law better?
-
Was there an approach to learning in contract law that I found particularly useful? For example, attending seminars, watching lectures, the Moodle site, working with others?
-
Why was this learning important or significant to my overall understanding of law and/or contract law?
(You do not have to answer these questions specifically - they are there to guide you. Feel free to use your own approach. Creativity is encouraged!).
The total word count for the reflection is 300 - 400 words. There is no allowance for any word-count beyond 400 words. That part of your learning reflection that exceeds 400 words will not be marked.
The marking rubric for this assessment can be found on Moodle.
The learning reflection must be saved in MS Word (not as a PDF) in the following format:LastName_FirstName.docx.
Week 11 Friday (5 Feb 2021) 11:45 pm AEST
Online, Moodle
Exam Week Friday (19 Feb 2021)
Feedback/Comments on Moodle
The learning reflection will be assessed according to the: 1) depth and level of reflective insight in answering the reflective questions; and/or 2) application and understanding of theories, legal principles, statute and case law, and 3) language usage and writing style.
- 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
- Communication
- Critical Thinking
- Information Literacy
- Team Work
- Information Technology Competence
- Cross Cultural Competence
- Ethical practice
5 Written Assessment
This written assessment is a take home paper, which includes several questions, to be completed at home and submitted via Moodle. The paper will include a mixture of problem questions and/or essay/theoretical questions. The paper may cover any of the topics from weeks 1-12. The paper will be released on a day to be announced, which will be during the exam week. Once the questions are released, there will be 36 hours in which to complete and submit. Your answers should not exceed 1,500 words. That part of your answer that exceeds 1,500 words will not be marked.
All answers must cite appropriate legal principles and case law, and statutory provisions whenever applicable.
The answers must be saved in MS Word (not as a PDF) in the following format: LastName_FirstName.docx
Due date and time to be announced
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
- 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.
- Communication
- Problem Solving
- Critical Thinking
- Information Literacy
- 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.
What can you do to act with integrity?
