Unit convenor and teaching staff |
Unit convenor and teaching staff
Unit Convenor
Ilija Vickovich
Contact via ilija.vickovich@mq.edu.au
W3A 624
Mon 10am-12pm
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Credit points |
Credit points
3
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Prerequisites |
Prerequisites
LAW115 and (admission prior to 2014 to LLB or BAppFinLLB or BALLB or BA-MediaLLB or BA-PsychLLB or BBALLB or BComLLB or BCom-ProfAccgLLB or BEnvLLB or BITLLB or BIntStudLLB or BScLLB or BSocScLLB)
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Corequisites |
Corequisites
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Co-badged status |
Co-badged status
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Unit description |
Unit description
The law of contracts is a fundamental area of study for an undergraduate degree in law and serves as the basis for a variety of later core and elective units. This unit equips students with a knowledge of essential doctrinal principles of contract law and the capacity to apply legal problem solving skills to the resolution of contractual disputes. It covers the formation of contracts, the contents and interpretation of contractual terms, the vitiating factors affecting contract formation, the discharge of contractual liabilities, and other related issues such as formal requirements, illegality and privity of contract. In addition, the unit conveys an understanding of the main competing philosophies of contract and the practical role of contracts in a broader social and historical context.
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Information about important academic dates including deadlines for withdrawing from units are available at https://www.mq.edu.au/study/calendar-of-dates
On successful completion of this unit, you will be able to:
Disruption to Study and Special Consideration
If a student suffers a disruption to study which is ‘serious and unavoidable’, he or she may apply for special consideration. In order to do so, the student must meet the criteria under the Macquarie University ‘Disruption to Studies’ policy and be approved by the Unit Convenor. Applications are made online at ask.mq.edu.au. Outcomes for recognized serious and unavoidable disruptions to studies are as set out in the University schedule: http://www.mq.edu.au/policy/docs/disruption_studies/schedule_outcomes.html
If a disruption to study is not ‘serious and unavoidable’, the approach to special consideration and the impact on your assessment will be as follows:
1. Attendance for tutorial and on campus session: You will be marked as absent.
2. Class Participation
3. Early Assessment Quiz and Assignment
4. Final Examination
Name | Weighting | Due |
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Early Assessment | 10% | Week 4 |
Assignment | 20% | 19/09 (int); 26/09 (ext) |
Final Exam | 60% | Examination period |
Class participation | 10% | Continuing |
Due: Week 4
Weighting: 10%
The early assessment task is a compulsory multiple choice test. This assessment task’s purpose is to engage students with their unit early in the session and to provide an opportunity for relatively early feedback. The questions will be drawn from the topics covered in lectures and readings of the first three weeks of the unit schedule. The multiple choice test will be closed book and will consist of 20 multiple choice questions to be completed in 20 minutes. Each question is worth a half mark. Students are to sit the test in their usual and designated tutorial group in week 4.
Students who are unable to sit for the test in their enrolled tutorial group in week 4 must contact the unit convenor at the earliest possible opportunity to complete the test at a time and place determined by the unit convenor. They will not be permitted to sit the test in another tutorial class, or in their own group in any subsequent week. Any student who has not completed the test must not be present in their tutorial group at a time when feedback on the test is given by the tutor. If that occurs, the student will not be permitted to sit the test at all and will receive a zero grade for the early assessment task.
Due: 19/09 (int); 26/09 (ext)
Weighting: 20%
The Assignment in this unit is compulsory and will be a hypothetical problem question. The assignment question will be available on iLearn in week 2. The assignment must be a properly referenced formal response with appropriate analysis and argument supported by relevant authoritative cases and commentary. It must be kept to a maximum 1,500 words (excluding footnotes) and is to be submitted on the Turnitin link in iLearn. The actual word length must be stated on the assignment. In completing their assignment, students must comply with the Australian Guide to Legal Citation (3rd ed). The Guide is available at:
http://mulr.law.unimelb.edu.au/go/AGLC3
Assignments lodged out of time will not be marked and will result in a fail grade. Students who are seeking an extension of time must contact the unit convenor at the earliest possible opportunity and also lodge an application in accordance with the University’s disruption to study policy. If the application is approved by the unit convenor, an extension may be granted. The length of the extension will depend on the extent and nature of the disruption, but extensions are usually limited to maximum of seven days. A failure to submit an Assignment will result in a zero grade and provide grounds for the unit convenor to have the student excluded from the unit.
Due: Examination period
Weighting: 60%
The end of semester examination in this unit will be a formal sit-down open book examination. It will be based on material covered in the unit (more detailed information will be provided by the unit convenor).The examination will provide choice between hypothetical and essay questions. Three hours plus reading time will be provided. The University’s examination period in Session 2 is from 17 November 2014 to 5 December 2014. Students must be available for examination at the time and place designated in the University examination timetable. The timetable will be available in draft form approximately eight weeks before the commencement of the examinations and in final form approximately four weeks before the commencement of the examinations.
Any student who is unable to attend the final exam due to exceptional and unforeseen circumstances must contact the unit convenor at the earliest possible opportunity and also make an application, with appropriate evidence, in accordance with the university's disruption to study policy. If approved, the student may be permitted to attend any supplementary exam that is held for the unit at a time and place determined by the unit convenor. In such cases, students must be prepared to attend the supplementary exam outside the official university exam period.
Due: Continuing
Weighting: 10%
Internal students will participate in a compulsory one-hour tutorial every week that will provide the opportunity to explore, analyse and apply the principal doctrinal rules covered in lectures. Each student must enrol in a tutorial group and attend only that group for the duration of the semester (unless the unit convenor's approval is obtained in exceptional circumstances). For internal students, outside work commitments are not to be taken into account by the unit convenor if approval for change of tutorial group is sought. Students who have more than three unauthorised absences will receive a zero grade for class participation.
For internal students, tutorials commence in Week 1 of the semester. Tutorials will focus on addressing the set Questions in the Tutorial Program, although other tutorial exercises may be distributed from time to time. Because of the minimal time available in tutorials, students will be expected to have attempted the Questions at home in study time and to bring their notes to class where group discussion will take place. Students should be prepared to talk to any of the set Questions when called upon to do so by their Tutor. Grading criteria for the class participation mark will be posted on the iLearn unit web page.
External students will be expected to fulfil the class participation requirements at the On-Campus Session. All external students must make the necessary personal and work arrangements to attend the On Campus Session. In the event of an exceptional and unforeseen inability to attend the On Campus Session, students must contact the unit convenor urgently and also make an application with appropriate evidence under the university's disruption to study policy. If approved, the unit convenor will allocate written work to the student in lieu of attendance. An unauthorised absence from the On Campus Session will provide the unit convenor with grounds to exclude the student from the unit.
Prescribed Materials |
§ J Gooley, P Radan & I Vickovich, Principles of Australian Contract Law, 3rd ed, LexisNexis, Sydney, 2014
§ J Gooley, P Radan & I Vickovich, Principles of Australian Contract Law: Cases & Materials, 2nd ed, LexisNexis, Sydney, 2010
§ Notes and other additional materials available on iLearn.
Reference Materials |
· Carter, Peden & Tolhurst, Contract Law in Australia, 5th ed, Lexis Nexis, 2007
· Graw, An Introduction to the Law of Contract, 7th ed, Thomson Reuters, 2011
· Peterson, Robertson & Duke, Principles of Contract Law, 4th ed, Thomson Reuters, 2011
· Seddon & Ellinghaus, Cheshire & Fifoot's Law of Contract, 9th Australian edition, LexisNexis, 2011
· Bruce, Consumer Protection Law in Australia, LexisNexis, 2011
· Journal of Contract Law
Week
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Week Beginning |
Lecture Topic |
Tutorial Topic |
1 |
Mon 4 Aug |
Introduction to Contracts; Overview of Contract Remedies |
Legal Problem Solving Model |
2 |
Mon 11 Aug |
Agreement |
Introduction to Contracts; Overview of Contract Remedies
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3 |
Mon 18 Aug |
Consideration; Equitable Estoppel; Intention |
Agreement
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4 |
Mon 25 Aug |
Certainty and Completeness; Capacity; Requirement of Writing |
Consideration; Equitable Estoppel; Intention
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5 |
Mon 1 Sep |
Express Terms |
Certainty and Completeness; Capacity; Requirement of Writing
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6 |
Mon 8 Sep |
Implied Terms; Construction of Terms; Exclusion Clauses |
Express Terms
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7 |
Mon 15 Sep |
Misrepresentation; Misleading or Deceptive Conduct; Mistake
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Implied Terms; Construction of Terms; Exclusion Clauses
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MID-SEMESTER BREAK On Campus Session Sat 20, Sun 21 Sep |
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8 |
Mon 6 Oct |
Duress; Unconscionability; Undue Influence; Unjust Contracts |
Misrepresentation; Misleading or Deceptive Conduct; Mistake |
9 |
Mon 13 Oct |
Discharge by Performance; Discharge by Agreement |
Duress; Unconscionability; Undue Influence; Unjust Contracts |
10 |
Mon 20 Oct |
Discharge by Breach; Discharge by Frustration |
Discharge by Performance; Discharge by Agreement
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11 |
Mon 27 Oct |
Illegality |
Discharge by Breach; Discharge by Frustration
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12 |
Mon 3 Nov |
Privity; Contract Theory
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Illegality
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13 |
Mon 10 Nov |
Contracts in Context; Exam Preparation
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Privity
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Macquarie University policies and procedures are accessible from Policy Central. Students should be aware of the following policies in particular with regard to Learning and Teaching:
Academic Honesty Policy http://mq.edu.au/policy/docs/academic_honesty/policy.html
Assessment Policy http://mq.edu.au/policy/docs/assessment/policy.html
Grading Policy http://mq.edu.au/policy/docs/grading/policy.html
Grade Appeal Policy http://mq.edu.au/policy/docs/gradeappeal/policy.html
Grievance Management Policy http://mq.edu.au/policy/docs/grievance_management/policy.html
Disruption to Studies Policy http://www.mq.edu.au/policy/docs/disruption_studies/policy.html The Disruption to Studies Policy is effective from March 3 2014 and replaces the Special Consideration Policy.
In addition, a number of other policies can be found in the Learning and Teaching Category of Policy Central.
Macquarie University students have a responsibility to be familiar with the Student Code of Conduct: https://students.mq.edu.au/support/student_conduct/
Extensions |
Any application for extensions of time must comply with the information provided in this Unit Guide under 'Assessment Tasks'. An application in accordance with the university's disruption to study policy will be required in all cases.
Students requiring special arrangements for the completion of any assessment task (including the final exam) due to any disability must contact Campus Wellbeing and seek advice. The unit convenor will deal with such cases only with the approval of Campus Wellbeing.
Macquarie University provides a range of support services for students. For details, visit http://students.mq.edu.au/support/
Learning Skills (mq.edu.au/learningskills) provides academic writing resources and study strategies to improve your marks and take control of your study.
Students with a disability are encouraged to contact the Disability Service who can provide appropriate help with any issues that arise during their studies.
For all student enquiries, visit Student Connect at ask.mq.edu.au
For help with University computer systems and technology, visit http://informatics.mq.edu.au/help/.
When using the University's IT, you must adhere to the Acceptable Use Policy. The policy applies to all who connect to the MQ network including students.
We want our graduates to have emotional intelligence and sound interpersonal skills and to demonstrate discernment and common sense in their professional and personal judgement. They will exercise initiative as needed. They will be capable of risk assessment, and be able to handle ambiguity and complexity, enabling them to be adaptable in diverse and changing environments.
This graduate capability is supported by:
Our graduates will have enquiring minds and a literate curiosity which will lead them to pursue knowledge for its own sake. They will continue to pursue learning in their careers and as they participate in the world. They will be capable of reflecting on their experiences and relationships with others and the environment, learning from them, and growing - personally, professionally and socially.
This graduate capability is supported by:
Our graduates will take with them the intellectual development, depth and breadth of knowledge, scholarly understanding, and specific subject content in their chosen fields to make them competent and confident in their subject or profession. They will be able to demonstrate, where relevant, professional technical competence and meet professional standards. They will be able to articulate the structure of knowledge of their discipline, be able to adapt discipline-specific knowledge to novel situations, and be able to contribute from their discipline to inter-disciplinary solutions to problems.
This graduate capability is supported by:
We want our graduates to be capable of reasoning, questioning and analysing, and to integrate and synthesise learning and knowledge from a range of sources and environments; to be able to critique constraints, assumptions and limitations; to be able to think independently and systemically in relation to scholarly activity, in the workplace, and in the world. We want them to have a level of scientific and information technology literacy.
This graduate capability is supported by:
Our graduates should be capable of researching; of analysing, and interpreting and assessing data and information in various forms; of drawing connections across fields of knowledge; and they should be able to relate their knowledge to complex situations at work or in the world, in order to diagnose and solve problems. We want them to have the confidence to take the initiative in doing so, within an awareness of their own limitations.
This graduate capability is supported by:
Our graduates will also be capable of creative thinking and of creating knowledge. They will be imaginative and open to experience and capable of innovation at work and in the community. We want them to be engaged in applying their critical, creative thinking.
This graduate capability is supported by:
We want to develop in our students the ability to communicate and convey their views in forms effective with different audiences. We want our graduates to take with them the capability to read, listen, question, gather and evaluate information resources in a variety of formats, assess, write clearly, speak effectively, and to use visual communication and communication technologies as appropriate.
This graduate capability is supported by:
As local citizens our graduates will be aware of indigenous perspectives and of the nation's historical context. They will be engaged with the challenges of contemporary society and with knowledge and ideas. We want our graduates to have respect for diversity, to be open-minded, sensitive to others and inclusive, and to be open to other cultures and perspectives: they should have a level of cultural literacy. Our graduates should be aware of disadvantage and social justice, and be willing to participate to help create a wiser and better society.
This graduate capability is supported by:
We want our graduates to be aware of and have respect for self and others; to be able to work with others as a leader and a team player; to have a sense of connectedness with others and country; and to have a sense of mutual obligation. Our graduates should be informed and active participants in moving society towards sustainability.
This graduate capability is supported by:
Date | Description |
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18/07/2014 | Disruption to Study and Special Consideration |