CQUniversity Unit Profile
LAWS11066 Contracts
Contracts
All details in this unit profile for LAWS11066 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

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

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

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 2 - 2021

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. Written Assessment
Weighting: 30%
2. Online Quiz(zes)
Weighting: 20%
3. Examination
Weighting: 40%
4. Reflective Practice Assignment
Weighting: 10%

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 SUTE

Feedback

more summarised study guides with more info in the textbook

Recommendation

The study guides are reviewed annually for improvements for the next iteration.

Feedback from SUTE

Feedback

AJ is an awesome motivator. Her energy and enthusiasm often gabe me the ectra oomph I needed. The study guides were comprehensive and an excellent resource for supporting my study (because the key points were explained in detail) In other courses the study guides were quite brief, which doesnt suploet my personal style of learning. Also AJ added her own flavour with puns and one liners. These 'Dad Jokes' did wonders for lightening the heavy material. Condensing A&B seemed to work really well and not compromise the coverage of important aspects.

Recommendation

The study guides are reviewed annually for improvements for the next iteration.

Feedback from SUTE

Feedback

Quite a large subject. I wish I had appreciated this more from the beginning so I could have done this subject on it's own and have been able to give it the effort that it required.

Recommendation

Students are advised of the challenging nature of this unit in the first study guide and first zoom tutorial. Unit coordinator emphasises the need for good time management skills to complete the unit successfully.

Feedback from SUTE

Feedback

I think the best part of the unit was that it was combined with A and B contract law. In the past I have hesitated to do contract law because it is spread out over two years or to do a bespoke course at some universities cost three times as much. So I was very excited when I realise CQ University offers contract law in one unit. Many people who study contract management, would greatly appreciate being able to get a university standard qualification in contract law in conjunction with their other studies.

Recommendation

The combined unit structure will be retained for future iterations. The unit does cover a significant amount of learning material, but as per the previous item, the UC advises the weekly time requirement and importance of good time management from week 1 of term.

Unit Learning Outcomes
On successful completion of this unit, you will be able to:
  1. Discuss and reflect on general theories of Contract law that guide the analysis of contract principles, and understand their operation in context
  2. Analyse a contract to determine whether the elements of contract formation are present
  3. Analyse and interpret the express and implied provisions of a contract to determine its objective meaning
  4. Explain the legal concepts and consequences of vitiating factors in contract law, and available remedies
  5. Explain how contracts are assigned, discharged or terminated, and available remedies
  6. 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 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 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 and Resources

Textbooks

Prescribed

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

There are three (3) licences to read the online e-Book of this prescribed text, available in the CQUniversity library. If you are having issues accessing the text, both paper and eBook versions can be purchased at 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
Marcus Humphreys Unit Coordinator
m.humphreys2@cqu.edu.au
Schedule
Week 1 Begin Date: 12 Jul 2021

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)
Week 2 Begin Date: 19 Jul 2021

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)
Week 3 Begin Date: 26 Jul 2021

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%)
Week 4 Begin Date: 02 Aug 2021

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
Week 5 Begin Date: 09 Aug 2021

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%)


Two (2) Online Quizzes Due: Week 5 Friday (13 Aug 2021) 11:45 pm AEST
Vacation Week Begin Date: 16 Aug 2021

Module/Topic

Vacation week            

Chapter

Vacation week

Events and Submissions/Topic

  • Continue work on your written assessment (30%)
Week 6 Begin Date: 23 Aug 2021

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%)
Week 7 Begin Date: 30 Aug 2021

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
Week 8 Begin Date: 06 Sep 2021

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 Friday (10 Sept 2021) 11:45 pm AEST
Week 9 Begin Date: 13 Sep 2021

Module/Topic

  • Misrepresentation; and
  • Misleading or Deceptive Conduct.

Chapter

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
Week 10 Begin Date: 20 Sep 2021

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%)

Week 11 Begin Date: 27 Sep 2021

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

Learning Reflection Due: Week 11 Friday (1 Oct 2021) 11:45 pm AEST
Week 12 Begin Date: 04 Oct 2021

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
Review/Exam Week Begin Date: 11 Oct 2021

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

Exam Week Begin Date: 18 Oct 2021

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

Assessment Tasks

1 Written Assessment

Assessment Title
Written assessment

Task Description

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.


Assessment Due Date

Week 8 Friday (10 Sept 2021) 11:45 pm AEST

Submit through link on Moodle site.


Return Date to Students

Week 10 Friday (24 Sept 2021)

Two weeks from submission date.


Weighting
30%

Assessment Criteria

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.


Referencing Style

Submission
Online

Submission Instructions
Submit through link on Moodle site.

Learning Outcomes Assessed
  • 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.


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

2 Online Quiz(zes)

Assessment Title
Two (2) Online Quizzes

Task Description

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.


Number of Quizzes

2


Frequency of Quizzes

Other


Assessment Due Date

Week 5 Friday (13 Aug 2021) 11:45 pm AEST

The first Quiz will be due Friday Week 5 - 13 August 2021, 9:00 PM Queensland time. The second Quiz will be due Friday Week 10 - 24th September, 9:00 PM Queensland time.


Return Date to Students

The quiz results will be released once each quiz has closed.


Weighting
20%

Assessment Criteria

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.


Referencing Style

Submission
Online

Submission Instructions
Complete and submit the quizzes on Moodle.

Learning Outcomes Assessed
  • 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


Graduate Attributes
  • Communication
  • Problem Solving
  • Critical Thinking
  • Information Literacy
  • Information Technology Competence

3 Reflective Practice Assignment

Assessment Title
Learning Reflection

Task Description

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.


Assessment Due Date

Week 11 Friday (1 Oct 2021) 11:45 pm AEST

Submit through link on Moodle site.


Return Date to Students

Week 12 Friday (8 Oct 2021)

Two weeks from submission date.


Weighting
10%

Assessment Criteria

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.


Referencing Style

Submission
Online

Submission Instructions
Submit through link on Moodle site.

Learning Outcomes Assessed
  • Discuss and reflect on general theories of Contract law that guide the analysis of contract principles, and understand their operation in context


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

Examination

Outline
Complete an invigilated examination

Date
During the examination period at a CQUniversity examination centre

Weighting
40%

Length
360 minutes

Exam Conditions
Open Book

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


Learning Outcomes Assessed
  • 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.


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

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?