Overview
This unit is designed to provide you with knowledge of the fundamental principles of the law of Contract in Australia. Along with the law of Torts, this unit will provide you with a solid foundation in many of the civil law issues faced in legal practice. The unit first canvasses the theoretical underpinnings of contract law, before examining the principles of a valid and enforceable contract, including intention to create legal relations, capacity and consideration. You will then investigate and reflect on the contents, construction and interpretation of a contract and the doctrine of privity. The unit then moves on to consider contracts with a vitiating element such as mistake, misrepresentation, duress, undue influence, unconscionable contracts, and illegal and void contracts. Finally the unit examines the ways in which a contract may be assigned, discharged, terminated, promissory estoppel, and the remedies available for non-performance of a contract. This unit meets the Legal Practitioners Admissions Board requirements for Contracts.
Details
Pre-requisites or Co-requisites
Co-requisite: LAWS11057 Introduction to Law
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 1 - 2021
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.
- Discuss and reflect on general theories of Contract law that guide the analysis of contract principles, and understand their operation in context
- Analyse 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
- Explain the legal concepts and consequences of vitiating factors in contract law, and available remedies
- Explain how contracts are assigned, discharged or terminated, and available remedies
- Research and apply legal principles from statute and case law to the analysis of contractual disputes to demonstrate skills in communication, critical legal thinking, and reasoning.
This unit satisfies the Priestley 11 requirements for Contracts as approved by the Legal Practitioners Admissions Board.
Alignment of Assessment Tasks to Learning Outcomes
| Assessment Tasks | Learning Outcomes | |||||
|---|---|---|---|---|---|---|
| 1 | 2 | 3 | 4 | 5 | 6 | |
| 1 - Written Assessment - 30% | ||||||
| 2 - Take Home Exam - 40% | ||||||
| 3 - Online Quiz(zes) - 20% | ||||||
| 4 - Reflective Practice Assignment - 10% | ||||||
Alignment of Graduate Attributes to Learning Outcomes
| Graduate Attributes | Learning Outcomes | |||||
|---|---|---|---|---|---|---|
| 1 | 2 | 3 | 4 | 5 | 6 | |
| 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 - 30% | ||||||||||
| 2 - Take Home Exam - 40% | ||||||||||
| 3 - Online Quiz(zes) - 20% | ||||||||||
| 4 - Reflective Practice Assignment - 10% | ||||||||||
Textbooks
An Introduction to the Law of Contract
Edition: 10th edn (2020)
Authors: Stephen Graw
Thomson Reuters
Pyrmont Pyrmont , NSW , Australia
ISBN: 9780455244921
Binding: Paperback
Additional Textbook Information
The text may be purchased as an ebook if the student wishes. Paper copies can be purchased at 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.
a.m.george@cqu.edu.au
Module/Topic
- Theories of Contract Law
- Legal Research and the Doctrine of Precedent
- Skills Building
Chapter
- Theories of Contract Law – set resource: Jeannie Paterson, Andrew Roberts and Arlen Duke, Principles of Contract Law (Lawbook Co, 4th edition 2012), Chapters 1 and 2 (on Moodle, under ‘Week 1’ tile).
- Basic Legal knowledge – prescribed text: Stephen Graw, An Introduction to the Law of Contract (Lawbook Co, Thomson Reuters, 10th edition 2020), Chapters 1 and 2 ('Text').
- Skills building – resources under the ‘Skills Building’ tile on Moodle.
Events and Submissions/Topic
- Complete the skills building tasks for week 1 (under Skills Building Tile on Moodle)
- Complete the tutorial work for week 1 (in study guide, also in Moodle discussion forum under Week 1 tile)
Module/Topic
- Intention to Create Legal Relations
- Skills Building
Chapter
- Legal Knowledge – Text, chapter 5 ‘Intention to be bound’.
- Skills Building – resources under the ‘Skills Building’ tile on Moodle for week 2.
Events and Submissions/Topic
- Complete the skills building tasks for week 2 (under Skills Building Tile on Moodle)
- Complete the tutorial work for week 2 (in study guide, also in Moodle discussion forum under Week 2 tile)
Module/Topic
- Capacity to Contract
Chapter
- Text, chapter 7, ‘Capacity to Contract’.
Events and Submissions/Topic
- Complete the tutorial work for week 3 (in study guide, also in Moodle discussion forum under Week 3 tile)
- Start work on your written assessment (30%)
Module/Topic
- Offer and Acceptance
Chapter
- Text:
- Chapter 3, ‘The Offer’,
- Chapter 4, ‘Acceptance’,
- Chapter 17, ‘Contracting Electronically’, but only paragraphs 17.1-17.5.
- Lindy Willmott, Sharon Christensen, Des Butler and Bill Dixon, Contract Law (Oxford Publishing, 5th ed, 2018) pages 76-81. This text is available as an eBook in the CQU library, click HERE or HERE.
Events and Submissions/Topic
- Complete the tutorial work for week 4 (in study guide, also in Moodle discussion forum under Week 4 tile)
- Continue work on your written assessment (30%)
- Revise for your first quiz (10%), which is due next week
Module/Topic
- Consideration and Estoppel
Chapter
- Text, chapter 6, ‘Consideration’.
Events and Submissions/Topic
- Complete the tutorial work for week 5 (in study guide, also in Moodle discussion forum under Week 5 tile)
- Continue work on your written assessment (30%)
-
First Quiz due Week 5, Friday 9 April 2021, 9:00PM Queensland time.
Module/Topic
Vacation week
Chapter
Vacation week
Events and Submissions/Topic
- Continue work on your written assessment (30%)
Module/Topic
- Doctrine of Privity, and
- (Start) Content & Construction of Contracts
Chapter
- Text, chapter 8, ‘Privity of Contract’.
- *Note: this week’s readings are light, so I strongly recommend making a start on next week’s readings, which are a heavier load. If at all possible, try to:
- read the study guide for next week;
- watch at least some of the week 7 videos; and
- read half of Graw Chapter 9, ‘Contents of a Contract'.
Events and Submissions/Topic
- Complete the tutorial work for week 6 (in study guide, also in Moodle discussion forum under Week 6 tile)
- Continue work on your written assessment (30%)
Module/Topic
- Content & Construction of Contracts
Chapter
- Text:
- Chapter 9, 'Contents of a Contract'; and
- Chapter 10, 'Exempting, Excluding and Limiting Terms'.* *10.530-580 are optional only.
- Case law: Associated Newspapers Ltd v Bancks (1951) 83 CLR 322.
- Strongly recommended: Study guide 7A, the Australian Consumer Law (on Moodle).
Events and Submissions/Topic
- Complete the tutorial work for week 7 (in study guide, also in Moodle discussion forum under Week 7 tile)
- Continue work on your written assessment (30%), which is due next week
Module/Topic
- Illegal and Void Contracts; and
- The Doctrine of Mistake.
Chapter
- Text:
- Chapter 14, ‘Illegal and void contracts’; and
- Chapter 11, ‘Mistake’.
Events and Submissions/Topic
- Complete the tutorial work for week 8 (in study guide, also in Moodle discussion forum under Week 8 tile)
Written assessment Due: Week 8 Tuesday (4 May 2021) 6:00 pm AEST
Module/Topic
- Misrepresentation; and
- Misleading or Deceptive Conduct.
Chapter
- Text, chapter 12, ‘Misrepresentation’; and
- John Carter, Carter on Contract (Lexis Advance Research, 2021), chapter 21, ‘Legislative Prohibition of Misleading or Deceptive Conduct’. (You may need to use your CQU Library logon).
Events and Submissions/Topic
- Complete the tutorial work for week 9 (in study guide, also in Moodle discussion forum under Week 9 tile).
- Revise for your second quiz (10%), which is due next week
Module/Topic
The doctrines of:
- Duress,
- Undue Influence,
- Unconscionable Conduct.
Chapter
- Text, chapter 13, ‘Duress, Undue Influence and Unconscionability’.
Events and Submissions/Topic
- Complete the tutorial work for week 10 (in study guide, also in Moodle discussion forum under Week 10 tile).
- Start work on your reflection activity (10%)
- Second Quiz due Week 10, Friday 21 May 2021, 9:00PM Queensland time.
Module/Topic
- Discharging a contract
Chapter
- Text, chapter 15, ‘Discharging a Contract’.
Events and Submissions/Topic
- Complete the tutorial work for week 11 (in study guide, also in Moodle discussion forum under Week 11 tile).
- Start revision for the final take-home exam
- Continue work on your reflection activity (10%), which is due next week
Module/Topic
- Remedies
Chapter
- Text, chapter 16, ‘Remedies’.
Events and Submissions/Topic
- Complete the tutorial work for week 12 (in study guide, also in Moodle discussion forum under Week 12 tile).
- Continue revision for the final take-home exam
Learning Reflection Due: Week 12 Tuesday (1 June 2021) 6:00 pm AEST
Module/Topic
Revision for final take-home exam
Chapter
Revision for final take-home exam
Events and Submissions/Topic
Revision for final take-home exam
Module/Topic
Revision for final take-home exam
Chapter
Revision for final take-home exam
Events and Submissions/Topic
Revision for final take-home exam
1 Online Quiz(zes)
The first quiz is designed to give students an early additional opportunity to assess their progress in this subject. The quiz will consist of ten questions worth a mark each.
The second quiz 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.
2
Other
The first Quiz will be due Friday Week 5 - 9 April 2021, 9:00 PM Queensland time. The second Quiz will be due Friday Week 10 - 21 May 2021, 9:00 PM Queensland time.
The quiz results will be released once each 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.
- Discuss and reflect on general theories of Contract law that guide the analysis of contract principles, and understand their operation in context
- Explain the legal concepts and consequences of vitiating factors in contract law, and available remedies
- Explain how contracts are assigned, discharged or terminated, and available remedies
- Communication
- Problem Solving
- Critical Thinking
- 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 1,750 words (including footnotes). All submissions must include appropriate legal footnotes that are compliant with Australian Guide to Legal Referencing 4th 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 8 Tuesday (4 May 2021) 6:00 pm AEST
Submit through link on Moodle site.
Two weeks from submission date.
This assessment will be graded according to the following marking criteria, which are a general guide as to the standard expected at the various levels. A marking rubric will be provided in the Assignment Task sheet.
| 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 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 | High level of analysis. | Some analytical errors or omissions. | Numerous analytical errors or omissions. |
| Skills: | |||
| 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. |
| Referencing | No or very few referencing errors. Excellent level of compliance with AGLC4 citation style as well as grammar and punctuation. Shows a mastery of legal citation and referencing requirements. | Some referencing errors. Reasonable level of compliance with AGLC4 citation style as well as grammar and punctuation. Shows at least a basic understanding of legal citation and referencing requirements. | Numerous referencing errors. Fails to comply with AGLC4 citation style and/or significant level of grammar, punctuation errors. Shows little understanding of legal citation and referencing requirements. |
- Analyse 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
- Research and apply legal principles from statute and case law to the analysis of contractual disputes to demonstrate skills in communication, critical legal thinking, and reasoning.
- Communication
- Problem Solving
- Critical Thinking
- Information Literacy
- Information Technology Competence
- Ethical practice
3 Reflective Practice Assignment
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 12 Tuesday (1 June 2021) 6:00 pm AEST
Submit through link on Moodle site.
Two weeks from submission date.
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.
- Discuss and reflect on general theories of Contract law that guide the analysis of contract principles, and understand their operation in context
- Communication
- Critical Thinking
- Information Literacy
- Information Technology Competence
- Ethical practice
- Social Innovation
4 Take Home Exam
This assessment involves completing a take home exam paper of 6 hours' duration.
The paper will include two parts, Part A and Part B.
Part A of the take home paper will involve short-answer questions.
Part B of the take home paper will involve a contract law problem scenario and will require you to provide advice.
A detailed instructions sheet will be provided closer to the take home exam date.
In Exam Week, details to be arranged
Grades released at certification of grades.
The assessment criteria for the short-answer questions will be primarily factually based.
The assessment criteria for the problem scenario will be as follows:
| 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 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. |
| Referencing | No or very few referencing errors. Excellent level of compliance with AGLC4 citation style as well as grammar and punctuation. Shows a mastery of legal citation and referencing requirements. | Some referencing errors. Reasonable level of compliance with AGLC4 citation style as well as grammar and punctuation. Shows at least a basic understanding of legal citation and referencing requirements. | Numerous referencing errors. Fails to comply with AGLC4 citation style and/or significant level of grammar, punctuation errors. Shows little understanding of legal citation and referencing requirements. |
- Discuss and reflect on general theories of Contract law that guide the analysis of contract principles, and understand their operation in context
- Analyse 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
- Explain the legal concepts and consequences of vitiating factors in contract law, and available remedies
- Explain how contracts are assigned, discharged or terminated, and available remedies
- Research and apply legal principles from statute and case law to the analysis of contractual disputes to 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?
