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, including promissory estoppel. 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, 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 - 2024

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. Online Quiz(zes)
Weighting: 10%
2. Written Assessment
Weighting: 40%
3. Take Home Exam
Weighting: 50%

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 T1/2024 SUTE data

Feedback

I couldn't be more grateful to have had AJ as my first term lecturer for my law degree. Her enthusiasm, dedication to the students and passion for law is so appreciated. Contracts has been an enjoyable subject but without AJ's thorough teaching it would have been incredibly difficult. I felt it was extremely critical to receive the personalized feedback on weekly content at the start of the unit and again on formal assessments. I really hope that CQU can encourage and strive to allocate enough resources/time for the lecturers to all be able to provide this as it has been an imperative part of my learning journey, especially so early on in the degree. I am daunted at the idea of taking on other subjects where the lecturers may not be as engaged with providing support and feedback and will really miss the environment that AJ has created this term.

Recommendation

Retain focus on pastoral care, connection and community-building via Teams, formative work and general student support.

Feedback from T1/2024 SUTE data

Feedback

some of the videos had noise in the background and was really distracting to the point where I just switched it off and worked through the slideshows and other reading material instead.

Recommendation

Review the videos to ascertain which are the affected ones.

Unit Learning Outcomes
On successful completion of this unit, you will be able to:
  1. Identify and discuss prerequisites and formal requirements for contracting, interpretation, performance and discharge of contracts, remedies for breach, and differentiate the various basic contract law theories.
  2. Interpret contract law questions and dispute scenarios, implementing statute and case law to explain advice.
  3. Interpret legal texts, databases, develop research strategies, locate appropriate legal authorities to discuss contract questions and problems.
  4. Develop structured arguments to discuss and explain responses to contract problems, communicate effectively in writing.

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
1 - Written Assessment - 10%
2 - Written Assessment - 40%
3 - Take Home Exam - 50%

Alignment of Graduate Attributes to Learning Outcomes

Graduate Attributes Learning Outcomes
1 2 3 4
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
Textbooks and Resources

Textbooks

Prescribed

An Introduction to the Law of Contract

Edition: 11th edn (2023)
Authors: Stephen Graw
Lawbook Co (Thomson Reuters)
Pyrmont Pyrmont , NSW , Australia
ISBN: 978-0455248219
Binding: Paperback

IT Resources

You will need access to the following IT resources:
  • CQUniversity Student Email
  • Internet
  • Unit Website (Moodle)
  • Camera and microphone for attending Zoom tutorials
  • CQU Student ID for invigilated take-home examination
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
AJ George Unit Coordinator
a.m.george@cqu.edu.au
Schedule
Week 1 - Overview, Principles and Theories Begin Date: 08 Jul 2024

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 (pdf 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) ('Text'), Chapters 1 and 2.
  • 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 (under Week 1 Tile)
Week 2 - Intention to Create Legal Relations Begin Date: 15 Jul 2024

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 (under Week 2 Tile)
Week 3 - Capacity to Contract Begin Date: 22 Jul 2024

Module/Topic

  • Capacity to Contract

Chapter

  • Text, Chapter 7, ‘Capacity to Contract’.

Events and Submissions/Topic

  • Complete the tutorial work for week 3 (under Week 3 Tile)
  • Revise for your first quiz due next week

 

Week 4 - Offer and Acceptance Begin Date: 29 Jul 2024

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 (under Week 4 Tile)
  • Revise for your first quiz, DUE THIS WEEK (Friday)
Week 5 - Consideration and Estoppel Begin Date: 05 Aug 2024

Module/Topic

  • Consideration and Estoppel

Chapter

  • Text, Chapter 6, ‘Consideration’.

Events and Submissions/Topic

  • Complete the tutorial work for week 5 (under Week 5 Tile)
  • Start working on your mid-term paper
Mid-Term Break Week Begin Date: 12 Aug 2024

Module/Topic

Revision

Chapter

Revision

Events and Submissions/Topic

  • Continue working on your mid-term paper
Week 6 - Doctrine of Privity Begin Date: 19 Aug 2024

Module/Topic

  • Doctrine of Privity, and
  • (Make a Start on) Content & Construction of Contracts

Chapter

  • Text, Chapter 8, ‘Privity of Contract’.
  • Text, first half of Chapter 9, 'Contents of a Contract'.

*Note: the Content and Construction topic is very resource-intensive, so split the readings and resources (incl videos) across weeks 6 and 7. See the weeks 6 and 7 tiles in Moodle for further information.

Events and Submissions/Topic

  • Complete the tutorial work for week 6 (under Week 6 Tile)
  • Finalise mid-term paper written assessment, DUE NEXT MONDAY
Week 7 - Content and Construction of Contracts Begin Date: 26 Aug 2024

Module/Topic

  • Content & Construction of Contracts

Chapter

  • Text:
    • Complete reading 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 (under Week 7 Tile)
  • **Mid-term paper assessment due on Monday of this week!

Problem-based questions Due: Week 7 Monday (26 Aug 2024) 11:45 pm AEST
Week 8 - Illegal and Void Contracts and the Doctrine of Mistake Begin Date: 02 Sep 2024

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 (under Week 8 Tile)
Week 9 - Misrepresentation and Misleading and Deceptive Conduct Begin Date: 09 Sep 2024

Module/Topic

  • Misrepresentation; and
  • Misleading or Deceptive Conduct.

Chapter

  • Text, Chapter 12, ‘Misrepresentation’.

 

Events and Submissions/Topic

  • Complete the tutorial work for week 9 (under Week 9 Tile)

 

Week 10 - Duress, undue Influence and Unconscionable Conduct Begin Date: 16 Sep 2024

Module/Topic

The doctrines of:

  • Duress,
  • Undue Influence, 
  • Unconscionable Conduct.

Chapter

  • Text, Chapter 13, ‘Duress, Undue Influence and Unconscionability’.

Events and Submissions/Topic

  • Revise for your second quiz, due next week
  • Complete the tutorial work for week 10 (under Week 10 Tile)
Week 11 - Discharging a Contract Begin Date: 23 Sep 2024

Module/Topic

  • Discharging a contract

Chapter

  • Text, Chapter 15, ‘Discharging a Contract’.

Events and Submissions/Topic

  • Complete the tutorial work for week 11 (under Week 11 Tile).
  • Start revision for the final take-home exam
  • SUBMIT ANSWERS TO THE SECOND QUIZ
Week 12 - Remedies Begin Date: 30 Sep 2024

Module/Topic

  • Remedies

Chapter

  • Text, Chapter 16, ‘Remedies’.

Events and Submissions/Topic

  • Complete the tutorial work for week 12 (under Week 12 Tile)
  • Continue revision for the final take-home exam
Review/Exam Week Begin Date: 07 Oct 2024

Module/Topic

Chapter

Events and Submissions/Topic

Exam Week Begin Date: 14 Oct 2024

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 Online Quiz(zes)

Assessment Title
Written assessment 5% + 5%

Task Description

The first quiz is designed to give students an early opportunity to assess their progress in this subject. The quiz will consist of ten questions worth half a mark each (TOTAL 5 marks/5%).

The second quiz is designed to give students an additional opportunity to assess their progress later in this subject. The quiz will consist of ten questions worth half a mark each (TOTAL 5 marks/5%).


Number of Quizzes

2


Frequency of Quizzes

Other


Assessment Due Date

The FIRST quiz is due week 4, Friday 2 August 2024, 11.45 PM AEST. The SECOND quiz is due week 11, FRIDAY 27 September 2024, 11.45 PM AEST.


Return Date to Students

After closure of the quiz(zes).


Weighting
10%

Assessment Criteria

The criteria for these quizzes are primarily knowledge-based, 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 online via link on Moodle.

assessmentOutcome
  • Identify and discuss prerequisites and formal requirements for contracting, interpretation, performance and discharge of contracts, remedies for breach, and differentiate the various basic contract law theories.


assessmentGradAttribute

2 Written Assessment

Assessment Title
Problem-based questions

Task Description

This assessment involves answering a problem-based question or questions. Your answer, which must cite and apply appropriate legal principles and case law, will consist of an MS Word file with a maximum of 1,750 words. All submissions must include appropriate legal footnotes that are compliant with Australian Guide to Legal Referencing 4th edition. The file must be submitted online via Moodle. Professional presentation including spelling and grammar checks, and pagination, are required.

Full details of the assessment and the submission process will be provided on the Moodle site.


Assessment Due Date

Week 7 Monday (26 Aug 2024) 11:45 pm AEST

Complete and submit via link on Moodle.


Return Date to Students

Two weeks from due date.


Weighting
40%

Assessment Criteria

This assessment will be graded according to the following marking criteria, which are a general guide:

Knowledge of law, especially core concepts
Effectiveness of research in acquiring such knowledge
Correctness of referencing
Analysis and critical thinking, including application of law to facts
Logical and coherent presentation of arguments/analysis with appropriate structure
Attention to the requirements of the question, including addressing the questions as specified and avoiding irrelevant diversions or regurgitation of law without any connection with the question or the analysis.

See the rubric:


Referencing Style

Submission
Online

Submission Instructions
Complete and submit via link on Moodle.

assessmentOutcome
  • Identify and discuss prerequisites and formal requirements for contracting, interpretation, performance and discharge of contracts, remedies for breach, and differentiate the various basic contract law theories.
  • Interpret contract law questions and dispute scenarios, implementing statute and case law to explain advice.
  • Interpret legal texts, databases, develop research strategies, locate appropriate legal authorities to discuss contract questions and problems.
  • Develop structured arguments to discuss and explain responses to contract problems, communicate effectively in writing.


assessmentGradAttribute

3 Take Home Exam

Assessment Title
TAKE HOME EXAM

Task Description

The invigilated take-home examination will be set to take place in or around the standard examination week at the end of term. You will be advised of the exact date and time once the timetable for all law exams is published, which will be towards the end of the teaching weeks.

  1. This invigilated take-home examination will be of 2.5 hours (150 minutes) duration. Students should consult the Invigilated Take-home Examination Guidelines, College of Law, Criminology and Justice, available from the Laws Moodle site.
  2. A requirement of these guidelines is that students must obtain a student card for verification purposes - see https://sportal.cqu.edu.au/__data/assets/pdf_file/0006/1113/Information-Sheet-Student-ID-Card-2017.pdf.
  3. Students must also have access to a reliable and adequate internet connection, and a computer, tablet, or laptop equipped with a working webcam, working microphone, Zoom installed and access to the unit Moodle site via an Internet browser.
  4. No extensions are permitted for invigilated take-home examinations.
  5. Submissions after the deadline has passed will not be accepted and will receive a mark of zero.
  6. Failure to attend the invigilated take-home examination will result in a mark of zero.
  7. Exam conditions apply to all invigilated take-home examinations.

You will be given more information about the format of the invigilated take home examination on the Moodle site during the term.


Assessment Due Date

No date or time has been set. More information will be provided on Moodle closer to the date.


Return Date to Students

On release of grades.


Weighting
50%

Assessment Criteria

The following criteria will be relevant to the invigilated take-home examination:

Knowledge of law, especially core concepts
Where research (if any) is required, effectiveness of research in acquiring such knowledge
Correctness of referencing to the standard required by the assessment (This will be specified in the guidance for the exam)
Analysis and critical thinking, including application of law to facts and/or projecting possible fact scenarios arising from the law
Logical and coherent presentation of arguments/analysis with appropriate structure
Effective use of cases and/or hypothetical fact scenarios to illustrate legal reasoning
Attention to the requirements of the question, including addressing the questions as specified and avoiding irrelevant diversions or regurgitation of law without any connection with the question or the analysis.


Referencing Style

Submission
Online

Submission Instructions
Complete and submit via link on Moodle.

assessmentOutcome
  • Identify and discuss prerequisites and formal requirements for contracting, interpretation, performance and discharge of contracts, remedies for breach, and differentiate the various basic contract law theories.
  • Interpret contract law questions and dispute scenarios, implementing statute and case law to explain advice.
  • Interpret legal texts, databases, develop research strategies, locate appropriate legal authorities to discuss contract questions and problems.
  • Develop structured arguments to discuss and explain responses to contract problems, communicate effectively in writing.


assessmentGradAttribute

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?