Unit convenor and teaching staff |
Unit convenor and teaching staff
Unit Convenor
Professor Peter Radan
Contact via (02) 9850 7091
Room 527 W3A
Tuesdays, 1 pm - 2 pm
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Credit points |
Credit points
4
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Prerequisites |
Prerequisites
Admission to JD or GradCertLaw or GradDipLaw or LLM
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Corequisites |
Corequisites
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Co-badged status |
Co-badged status
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Unit description |
Unit description
A study of the law of contract is fundamental for any law student. In this unit students will study the foundational elements of contract law such as the formation of contract, the characterisation and interpretation of contractual terms, factors which vitiate the formation of a valid contract, the requirement for consideration, privity of contract and the discharge of contractual liabilities. Greater depth of understanding of significant issues in the historical and contemporary development of contract law is achieved through the examination and critique of competing philosophies of contract and international comparisons. Problem solving skills are also developed and tested.
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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:
Detailed marking rubrics will be made available on iLearn. Markers in this unit undertake a process of 'blind marking' to establish a common marking standard and all Fail papers are double marked.
Name | Weighting | Due |
---|---|---|
Assignment No 1 | 25% | 10 am, 12 September 2016 |
Assignment No 2 | 25% | 10 am 17 October 2016 |
Final Examination (Take Home) | 50% | 3 pm, 13 November 2016 |
Due: 10 am, 12 September 2016
Weighting: 25%
Assignment No 1 in this unit is a research paper.
The question for Assignment No 1 will be available on iLearn by the end of the first week of semester.
Assignment No 1 must be a properly referenced formal response with appropriate analysis and argument supported by relevant legal authorities. Assignment No 1 must be typed and must be kept to a maximum 2,500 words (excluding footnotes and the bibliography). The word limit will be strictly applied and work above the word limit will not be marked.
Assignment No 1 must be submitted electronically. Plagiarism detection software is used in this unit.
In completing Assignment No 1, students must comply with the Australian Guide to Legal Citation, compiled by the Melbourne University Law Review. The Guide is available for download free at:
https://law.unimelb.edu.au/__data/assets/pdf_file/0007/1586203/FinalOnlinePDF-2012Reprint.pdf
Further instructions and information in relation to Assignment No 1 will be made available on iLearn.
If, for justifiable reasons, a student is unable to submit the Assignment No 1 on time, he or she may submit an application for special consideration in accordance with the University's Disruption to Studies Policy. If special consideration is granted the student may be given a different research question to be completed at a time determined by the unit convenor.
In the absence of a successful application for special consideration due to a disruption to studies, any Assignment No 1 that is submitted after the due date will not be graded and will receive a mark of zero. Applications for a Disruption to Studies are made electronically via ask.mq.edu.au and should be accompanied by supporting documentation. Students should refer to the Disruption to Studies policy for complete details of the policy and a description of the supporting documentation required.
Due: 10 am 17 October 2016
Weighting: 25%
Assignment No 2 in this unit will require students to answer a problem question or questions.
The question for Assignment No 2 will be available on iLearn by the end of the Week 4 of semester.
Assignment No 2 must be a properly referenced formal response with appropriate analysis and argument supported by relevant legal authorities. Assignment No 1 must be typed and must be kept to a maximum 2,500 words (excluding footnotes and the bibliography). The word limit will be strictly applied and work above the word limit will not be marked.
Assignment No 2 must be submitted electronically. Plagiarism detection software is used in this unit.
In completing Assignment No 2, students must comply with the Australian Guide to Legal Citation, compiled by the Melbourne University Law Review. The Guide is available for download free at:
https://law.unimelb.edu.au/__data/assets/pdf_file/0007/1586203/FinalOnlinePDF-2012Reprint.pdf
Further instructions and information in relation to Assignment No 2 will be made available on iLearn.
If, for justifiable reasons, a student is unable to submit the Assignment No 2 on time, he or she may submit an application for special consideration in accordance with the University's Disruption to Studies Policy. If special consideration is granted the student may be given a different research question to be completed at a time determined by the unit convenor.
In the absence of a successful application for special consideration due to a disruption to studies, any Assignment No 2 that is submitted after the due date will not be graded and will receive a mark of zero. Applications for a Disruption to Studies are made electronically via ask.mq.edu.au and should be accompanied by supporting documentation. Students should refer to the Disruption to Studies policy for complete details of the policy and a description of the supporting documentation required.
Due: 3 pm, 13 November 2016
Weighting: 50%
The final examination in this unit will be a take home examination.
The final examination will be based on material covered in the unit, ie all topics and materials covered in the unit.
The final examination will be in the form of a number of problem style questions. All questions will have to be answered.
Students will be able to access the final examination paper on iLearn from 10 am on Sunday 13 November 2016 and must submit their answers to the final examination paper by 3 pm on Sunday 13 November 2016.
A student's answers to the final examination paper's questions cannot exceed 2,500 words (exclusive of footnotes). This is an upper word limit and a student need not write 2,500 words if he or she can answer the questions in less than 2,500 words. A bibliography is not required. The word limit will be strictly applied and work above the word limit will not be marked.
The Take Home examination must be submitted electronically. Plagiarism detection software is used in this unit.
Further instructions and information in relation to the Take Home examination will be made available on iLearn.
If, for justifiable reasons, a student is unable to do the take home examination at the above time, he or she should submit an application for special consideration in accordance with the University's Disruption to Studies Policy, which, if granted, will enable the student to complete an alternative assessment. The alternative assessment may not be in the form of a take home examination - it may take some other form such as a formal sit down examination.
In the absence of a successful application for special consideration due to a disruption to studies, any take home examination that is submitted after the due date will not be graded and will receive a mark of zero. Applications for a Disruption to Studies are made electronically via ask.mq.edu.au and should be accompanied by supporting documentation. Students should refer to the Disruption to Studies policy for complete details of the policy and a description of the supporting documentation required.
DELIVERY OF THE UNIT
Weekly Lectures (Internal and Distance Students)
Weekly lectures in this unit will be pre-recorded and available to students on iLearn. Weekly lectures will commence in Week 1 and go through to Week 12. The schedule of topics to be covered in the lectures is available on iLearn.
Weekly Tutorials (Internal Students)
For internal students, weekly tutorials of 1.5 hours duration will commence in Week 1 and go through to week 13. Attendance at tutorials is compulsory.
Tutorials will consist of questions for discussion.The questions to be discussed each week are available on iLearn.
For tutorial times and classrooms students should consult the MQ Timetable website.
On Campus Sessions (Distance Students)
For distance students, there are three days of on campus sessions. Distance students must attend the first two days of on campus sessions. Attendance at the third day on campus sessions is not compulsory, but is strongly recommended. On campus sessions will run from 9-am to 12 noon and 1 pm to 4 pm on each of the three days.
For the dates and venues for the on campus sessions students should consult the MQ Timetable website.
RESOURCES
The prescribed materials for this unit are:
1. J Gooley, P Radan & I Vickovich, Principles of Australian Contract Law, 3rd ed, LexisNexis, 2014
2. J Gooley, P Radan & I Vickovich, Principels of Australian Contract Law, Cases & Materials, 3rd ed, LexisNexis, 2015
3. Up-dates to the textbook and other materials that are available on iLearn
TOPICS STUDIED IN THIS UNIT
The schedule of topics covered in this unit is available on iLearn.
Week |
Topic(s) |
1 |
Introduction; Problem Solving |
2 |
Agreement |
3 |
Certainty and Completeness; Consideration |
4 |
Intention; Requirement of Writing; Capacity |
5 |
Express Terms |
6 |
Implied Terms; Construction of Exclusion Clauses |
7 |
Discharge by Performance; Discharge by Agreement |
8 |
Discharge by Breach; Discharge by Frustration |
9 |
Illegality |
10 |
Misrepresentation; Misleading or Deceptive Conduct; Mistake |
11 |
Unfair Terms; Duress; Undue Influence; Unconscionability; |
12 |
Unjust Contracts; Privity of Contracts; Construction of Terms |
13 |
Revision |
The required readings for the above topics are set out in detail on iLearn.
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
New Assessment Policy in effect from Session 2 2016 http://mq.edu.au/policy/docs/assessment/policy_2016.html. For more information visit http://students.mq.edu.au/events/2016/07/19/new_assessment_policy_in_place_from_session_2/
Assessment Policy prior to Session 2 2016 http://mq.edu.au/policy/docs/assessment/policy.html
Grading Policy prior to Session 2 2016 http://mq.edu.au/policy/docs/grading/policy.html
Grade Appeal Policy http://mq.edu.au/policy/docs/gradeappeal/policy.html
Complaint Management Procedure for Students and Members of the Public http://www.mq.edu.au/policy/docs/complaint_management/procedure.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.
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://www.mq.edu.au/about_us/offices_and_units/information_technology/help/.
When using the University's IT, you must adhere to the Acceptable Use of IT Resources Policy. The policy applies to all who connect to the MQ network including students.
Our postgraduates will demonstrate a high standard of discernment and common sense in their professional and personal judgment. They will have the ability to make informed choices and decisions that reflect both the nature of their professional work and their personal perspectives.
This graduate capability is supported by:
Our postgraduates will be able to demonstrate a significantly enhanced depth and breadth of knowledge, scholarly understanding, and specific subject content knowledge in their chosen fields.
This graduate capability is supported by:
Our postgraduates will be capable of utilising and reflecting on prior knowledge and experience, of applying higher level critical thinking skills, and of integrating and synthesising learning and knowledge from a range of sources and environments. A characteristic of this form of thinking is the generation of new, professionally oriented knowledge through personal or group-based critique of practice and theory.
This graduate capability is supported by:
Our postgraduates will be capable of systematic enquiry; able to use research skills to create new knowledge that can be applied to real world issues, or contribute to a field of study or practice to enhance society. They will be capable of creative questioning, problem finding and problem solving.
This graduate capability is supported by:
Our postgraduates will be able to communicate effectively and convey their views to different social, cultural, and professional audiences. They will be able to use a variety of technologically supported media to communicate with empathy using a range of written, spoken or visual formats.
This graduate capability is supported by:
Our postgraduates will be ethically aware and capable of confident transformative action in relation to their professional responsibilities and the wider community. They will have a sense of connectedness with others and country and have a sense of mutual obligation. They will be able to appreciate the impact of their professional roles for social justice and inclusion related to national and global issues
This graduate capability is supported by:
There have been no substantive changes to this unit from what applied when it was previously offered in 2015.