Overview
This unit builds on and develops knowledge acquired in LAWS11061 Contract A. Topics include: contracts with a vitiating element such as a mistake; misrepresentation; duress; undue influence; unconscionable contracts and illegal and void contracts. The unit also covers the ways in which a contract may be terminated and the remedies available for non-performance of a contract.
Details
Pre-requisites or Co-requisites
Prerequisite: LAWS11061 Contract A
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
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 course evaluations, student comments.
Students continue to want fast, personalised and detailed feedback.
Continue to target return of assessment within two weeks of the due date. Continue to provide a combination of general feedback and personalised feedback, balancing student desires for detail with student desires for prompt return.
Feedback from Student comments, student performance.
Students enjoyed the format of assessment task 2 (deliver oral submissions), because of its hands-on, interactive quality.
Continue to structure assessment to involve at least one item of practical or interactive assessment.
Feedback from Student course evaluations.
Students were happy with the teaching style, and felt comfortable approaching the teacher for assistance where needed.
No change required.
Feedback from Student course evaluations.
Some students found the time constraints of a take-home paper difficult to manage.
While an invigilated exam has been considered as an option, students generally find that format less convenient than a take-home paper. Recommend setting a take-home paper for the week before exam block, over a two day period in which one day is a weekend and one day is a weekday, and for that date to be notified in the course profile so that students have ample time to arrange their affairs. The split of the dates between weekdays and weekend is designed to ensure fairness to students with work commitments. Encourage a program of preparation for the take-home paper that is akin to the method of preparation for an invigilated exam, so that the task is not overwhelming upon release.
- Comprehend the legal concepts and consequences of vitiating factors in contract law
- Identify and apply corresponding statutory, common law and equitable remedies in resolving contractual disputes
- Research and apply legal principles from statute and case law to the analysis of contractual disputes
- Compare the operation of Australian contract law with overseas contract law, particularly in relation to online commerce
- Demonstrate skills in communication, critical legal thinking, and reasoning.
Alignment of Assessment Tasks to Learning Outcomes
| Assessment Tasks | Learning Outcomes | ||||
|---|---|---|---|---|---|
| 1 | 2 | 3 | 4 | 5 | |
| 1 - Written Assessment - 20% | |||||
| 2 - Presentation - 30% | |||||
| 3 - Written Assessment - 50% | |||||
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 - Written Assessment - 20% | ||||||||||
| 2 - Presentation - 30% | ||||||||||
| 3 - Written Assessment - 50% | ||||||||||
Textbooks
Contract Law
Edition: 4th (2013)
Authors: Willmott, Christensen, Butler, Dixon
OUP
South Melbourne South Melbourne , Victoria , Australia
ISBN: 9780195578461
Binding: Hardcover
Contract Law Case Book
Edition: 4th (2013)
Authors: Butler, Christensen, Dixon, Willmott
OUP
South Melbourne South Melbourne , Victoria , Australia
ISBN: 9780195578478
Binding: Hardcover
Additional Textbook Information
Both of the above books come packaged together at a reduced cost to students. See the CQUni Bookshop for details: http://bookshop.cqu.edu.au/texts.asp
IT Resources
- CQUniversity Student Email
- Internet
- Unit Website (Moodle)
- *Note: Your Internet connection will need reasonable bandwidth to enable zoom.
- Video recording capability for your computer
- Zoom
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
Mistake
Chapter
Willmott, Christensen, Butler & Dixon, Contract Law 4th ed, Chapter 14
Events and Submissions/Topic
Module/Topic
Misrepresentation
Chapter
Willmott, Christensen, Butler & Dixon, Contract Law 4th ed, Chapter 13
Events and Submissions/Topic
Module/Topic
Estoppel
Chapter
Willmott, Christensen, Butler & Dixon, Contract Law 4th ed, Chapter 7
Events and Submissions/Topic
Module/Topic
Unconscionability, Duress and Undue Influence
Chapter
Willmott, Christensen, Butler & Dixon, Contract Law 4th ed, Chapters 15-17
Events and Submissions/Topic
Module/Topic
Illegality
Chapter
Willmott, Christensen, Butler & Dixon, Contract Law 4th ed, Chapter 18
Events and Submissions/Topic
Module/Topic
Chapter
Events and Submissions/Topic
Module/Topic
Discharge by Performance or Agreement
Chapter
Willmott, Christensen, Butler & Dixon, Contract Law 4th ed, Chapters 19 & 21
Events and Submissions/Topic
Module/Topic
Discharge by Frustration
Chapter
Willmott, Christensen, Butler & Dixon, Contract Law 4th ed, Chapter 22
Events and Submissions/Topic
Module/Topic
Discharge by Breach
Chapter
Willmott, Christensen, Butler & Dixon, Contract Law 4th ed, Chapter 20
Events and Submissions/Topic
Module/Topic
Remedies at Common Law
Chapter
Willmott, Christensen, Butler & Dixon, Contract Law 4th ed, Chapter 20
Events and Submissions/Topic
Module/Topic
Remedies under the Australian Consumer Law
Chapter
Events and Submissions/Topic
Module/Topic
International Aspects of Contract Law
Chapter
Willmott, Christensen, Butler & Dixon, Contract Law 4th ed, Chapter 28
Events and Submissions/Topic
Module/Topic
Review and Q&A session
Chapter
Events and Submissions/Topic
Module/Topic
Chapter
Events and Submissions/Topic
Module/Topic
Chapter
Events and Submissions/Topic
1 Written Assessment
This assessment is designed to reinforce student learning in relation to the early-unit material covering the various vitiating factors in contract law. The assessment requires students to undertake basic research tasks, including the use of textbooks and other sources of information, to understand the basis for the vitiating factors. Students will be provided with two problem questions.
The specific questions will be provided to students during Week 1 of the semester.
The assessment will be 1500 words maximum in length exclusive of footnotes.
*Please note all submissions must adhere to the citation method used in the Australian Guide to Legal Citation, 3rd ed referencing style. See further the AGLC website here.
Week 5 Monday (7 Aug 2017) 5:00 pm AEST
Submissions are to be uploaded via Moodle.
Marks will be provided with a turnaround time of two weeks. Marks and comments will be provided via Moodle.
The following graduate attributes are assessed in the assignment (worth 20%):
1. Communication (precise, accurate, concise)
2. Information Literacy
3. Information Technology Competence
4. Research
5. Critical Thinking
6. Ethical practice
Assessment Criteria/Rubric
| Criteria | Excellent | Good | Poor |
| Basic goals (10%): | |||
| Identification of primary issues | Identification of all major issues. | Identification of most major issues. | Identification of some major issues. |
| Demonstrated understanding of the subject matter | Excellent demonstrated understanding of the subject matter. | Good understanding of the subject matter. | Lacks understanding of the subject matter. |
| Structured argument | Superbly structured arguments. | Well-structured argument. | Poorly structured argument. |
| Higher order goal (5%): | |||
| Analytical ability | Demonstrated high level of analysis. | Some analytical errors or omissions. | Numerous analytical errors or omissions. |
| Skills (5%): | |||
| Demonstrated clear and concise written expression | Clear and concise written expression. | Some unclear or verbose written expression. | Numerous examples of unclear or verbose written expression. |
| Spelling and grammar | No identifiable spelling or grammatical issues. | Minor spelling or grammatical issues. | Numerous spelling or grammatical issues. |
| Plain English drafting | No Plain English drafting errors. | Some Plain English drafting errors. | Numerous Plain English drafting errors. |
- Comprehend the legal concepts and consequences of vitiating factors in contract law
- Identify and apply corresponding statutory, common law and equitable remedies in resolving contractual disputes
- Research and apply legal principles from statute and case law to the analysis of contractual disputes
- Compare the operation of Australian contract law with overseas contract law, particularly in relation to online commerce
- Demonstrate skills in communication, critical legal thinking, and reasoning.
- Communication
- Problem Solving
- Critical Thinking
- Information Literacy
- Information Technology Competence
- Ethical practice
2 Presentation
The video presentation assesses all Unit Objectives and the University Graduate Attributes of communication, problem solving, critical thinking, information literacy, IT competence and ethical practice.
Students will be provided with a short example video on how to deliver oral submissions to a generic court in relation to a contract matter. In order to complete this task, you will be required to:
- analyse the example oral submissions - BY MONDAY WEEK 2,
- consider the problem question - BY MONDAY WEEK 2,
- nominate whether you wish to appear for the applicant or respondent - BY MONDAY WEEK 2,
- develop a response of 4-6 minutes' length,
- create a video recording of yourself delivering your response, and
- submit the video to Moodle BY THE DUE DATE.
While a courtroom setting will not be required, students should make an effort to present themselves professionally for the video and to deliver their submissions clearly and effectively.
The problem may require you to cover unit material from both Contract A and the issues covered to date in Contract B.
Further instructions on submission will be provided on the Moodle website for Contract B.
Week 9 Monday (11 Sept 2017) 5:00 pm AEST
Video presentations must be uploaded as per the detailed instructions which will be provided on Moodle.
Marks will be returned with a turnaround time of two weeks. Both marks and comments will be provided via Moodle.
Assessment Criteria for the Assessment/Rubric
| Criteria | Excellent | Good | Poor |
| Basic goals: | |||
| Identification of primary issues | Identification of all major issues. | Identification of most major issues. | Identification of some major issues. |
| Demonstrated understanding of the subject matter | Excellent demonstrated understanding of the subject matter. | Good understanding of the subject matter. | Lacks understanding of the subject matter. |
| Structured argument | Superbly structured arguments. | Well-structured argument. | Poorly structured argument. |
| Higher order goal: | |||
| Analytical ability | Demonstrated high level of analysis. | Some analytical errors or omissions. | Numerous analytical errors or omissions. |
| Skills: | |||
| Demonstrated clear and concise oral presentation | Clear and concise oral expression. | Some unclear or verbose oral expression. | Numerous examples of unclear or verbose oral expression. |
| Pace, diction and persuasiveness | Pace, diction and persuasiveness at a high level. | Generally effective delibery with some lapses in pace, diction or persuasiveness | Poor, unpersuasive, difficult-to-follow presentation |
| General presentation | Presentation at a professional level | Some effort made at professional presentation | Poor professional presentation |
- Identify and apply corresponding statutory, common law and equitable remedies in resolving contractual disputes
- Research and apply legal principles from statute and case law to the analysis of contractual disputes
- Demonstrate skills in communication, critical legal thinking, and reasoning.
- Communication
- Problem Solving
- Critical Thinking
- Information Literacy
- Information Technology Competence
- Ethical practice
3 Written Assessment
The take home examination for this subject will be comprised of three parts.
Part A will be a series of ten short answer questions on any topic covered during the Term.
Part B will be a problem question which may cover any issues of Contract Law.
Part C will be a short theory question on a topic covered in Contract B.
The paper will be released on a Friday and must be returned on the due date (Monday), before the due time.
*PLEASE NOTE: IT IS ESSENTIAL THAT YOU SUBMIT YOUR TAKE HOME PAPER BEFORE THE DUE DATE AND TIME! In the absence of an approved extension, there will be no opportunity to complete the task after this date and no late penalty will be applicable. You will receive a mark of zero.
Review/Exam Week Monday (9 Oct 2017) 5:00 pm AEST
Exam responses to be uploaded via Moodle.
Marks will be provided with a turnaround time of two weeks. Marks and comments will be provided via Moodle.
Assessment Criteria for the Take Home Paper/Rubric
| Criteria | Excellent | Good | Poor |
| Basic goals: | |||
| Identification of primary issues | Identification of all major issues. | Identification of most major issues. | Identification of some major issues. |
| Demonstrated understanding of the subject matter | Excellent demonstrated understanding of the subject matter. | Good understanding of the subject matter. | Lacks understanding of the subject matter. |
| Structured argument | Superbly structured arguments. | Well-structured argument. | Poorly structured argument. |
| Higher order goal: | |||
| Analytical ability | Demonstrated high level of analysis. | Some analytical errors or omissions. | Numerous analytical errors or omissions. |
| Skills: | |||
| Demonstrated clear and concise written presentation | Clear and concise written expression. | Some unclear or verbose written expression. | Numerous examples of unclear or verbose Written expression. |
| Attentiont to legal forms and citation | Impeccable use of legal form and legal citation | Generally effective use of legal form and citations, with some lapses | Poor use of legal form and citations |
| Use of Plain English | Excellent use of plain English | Reasonable use of plain English | Poor effort at the use of plain English |
- Comprehend the legal concepts and consequences of vitiating factors in contract law
- Identify and apply corresponding statutory, common law and equitable remedies in resolving contractual disputes
- Research and apply legal principles from statute and case law to the analysis of contractual disputes
- Compare the operation of Australian contract law with overseas contract law, particularly in relation to online commerce
- Demonstrate skills in communication, critical legal thinking, and reasoning.
- 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?
