Unit convenor and teaching staff |
Unit convenor and teaching staff
Unit Convenor
Ilija Vickovich
Contact via ilija.vickovich@mq.edu.au
W3A 624
Mon 3pm-4pm
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Credit points |
Credit points
3
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Prerequisites |
Prerequisites
LAW115
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Corequisites |
Corequisites
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Co-badged status |
Co-badged status
LAW204 Contracts
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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:
All applications for special consideration in relation to any assessment task must be made in accordance with the University’s Disruption to Studies policy.
It is anticipated that a student might need to apply for special consideration in relation to misadventures that affect the student’s performance. All applications for special consideration are considered on their own merits. Note, however, that it is no longer University policy to grant special consideration in the form of an inflated mark. Instead, special consideration will generally take the form of additional time or an alternative assessment.
Name | Weighting | Due |
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Early Assessment | 10% | Week 4 |
Assignment | 30% | 11 Sep (int); 25 Sep (ext) |
Mid-Semester Assessment | 10% | Week 9 |
Final Exam | 40% | Examination Period |
Class Participation | 10% | Continuing |
Due: Week 4
Weighting: 10%
The early assessment task is an online multiple choice test to take place in week 4 (date to be provided at the start of semester). 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 consist of 20 multiple choice questions to be completed in 20 minutes. Further instructions to students about completing the quiz online will be posted in due course.
Students who are unable to sit for the test at the designated time must contact the unit convenor and make a disruption to study application and, if it is approved, may sit for an equivalent test by appointment with the unit convenor.
Due: 11 Sep (int); 25 Sep (ext)
Weighting: 30%
The Assignment in this unit will be a hypothetical problem question and 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. The assignment is to be submitted on the Turnitin link in iLearn. The length is 1,500 words (excluding footnotes) with a leeway of 100 words maximum. The actual word length must be stated on the assignment. Footnotes are not to include substantive material. 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 submitted out of time will not be marked unless a disruption to study application is lodged and approved in accordance with the university's disruption to study policy which is available at: http://www.mq.edu.au/policy/docs/disruption_studies/policy.html.
Due: Week 9
Weighting: 10%
The mid-semester assessment task is an online multiple choice test to take place in week 9 (date to be provided at the start of semester). The questions will be drawn from the topics covered in lectures and readings of weeks 5 and 6 of the unit schedule. The multiple choice test will consist of 20 multiple choice questions to be completed in 20 minutes. Further instructions to students about completing the quiz online will be posted in due course.
Students who are unable to sit for the test at the designated time must contact the unit convenor and make a disruption to study application and, if it is approved, may sit for an equivalent test by appointment with the unit convenor.
Due: Examination Period
Weighting: 40%
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 contain both hypothetical and essay questions. Two hours plus reading time will be provided. The University’s examination period in Session 2 is from 9 November 2015 to 27 November 2015. 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 because of exceptional or unforeseen 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 are unable to attend a tutorial should submit a disruption to study application through ask.mq.edu and comply with the university's disruption to study policy. 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 compulsory 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 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, 3rd ed, LexisNexis, Sydney, 2015
§ 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 27 Jul |
Introduction to Contracts; Overview of Contract Remedies
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Legal Problem Solving Model |
2 |
Mon 3 Aug |
Agreement |
Introduction to Contracts; Overview of Contract Remedies
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3 |
Mon 10 Aug |
Consideration; Equitable Estoppel; Intention |
Agreement
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4 |
Mon 17 Aug |
Certainty and Completeness; Capacity; Requirement of Writing |
Consideration; Equitable Estoppel; Intention
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5 |
Mon 24 Aug |
Express Terms |
Certainty and Completeness; Capacity; Requirement of Writing |
6 |
Mon 31 Aug |
Implied Terms; Construction of Terms; Exclusion Clauses |
Express Terms
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7 |
Mon 7 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 16-17 Sep
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8 |
Mon 28 Sep |
Duress; Unconscionability; Undue Influence; Unjust Contracts
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Misrepresentation; Misleading or Deceptive Conduct; Mistake |
9 |
Mon 5 Oct |
Discharge by Performance; Discharge by Agreement
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Duress; Unconscionability; Undue Influence; Unjust Contracts |
10 |
Mon 12 Oct |
Discharge by Breach; Discharge by Frustration |
Discharge by Performance; Discharge by Agreement
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11 |
Mon 19 Oct |
Illegality |
Discharge by Breach; Discharge by Frustration
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12 |
Mon 26 Oct |
Privity; Contract Theory
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Illegality
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13 |
Mon 2 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/
Results shown in iLearn, or released directly by your Unit Convenor, are not confirmed as they are subject to final approval by the University. Once approved, final results will be sent to your student email address and will be made available in eStudent. For more information visit ask.mq.edu.au.
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.
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