Students

LAWS803 – The Law of Obligations I - Contracts

2017 – S2 Day

General Information

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Unit convenor and teaching staff Unit convenor and teaching staff Unit Convenor
Peter Radan
Contact via peter.radan@mq.edu.au
Room 527, W3A
Wednesday 1 pm - 2 pm
Credit points Credit points
4
Prerequisites Prerequisites
((Admission to GradCertLaw or GradDipLaw or LLM or admission to JD after 2014) and corequisite LAWS600)) or (admission to JD in 2014)
Corequisites Corequisites
Co-badged status Co-badged status
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.

Important Academic Dates

Information about important academic dates including deadlines for withdrawing from units are available at https://www.mq.edu.au/study/calendar-of-dates

Learning Outcomes

On successful completion of this unit, you will be able to:

  • Demonstrate a detailed and thorough knowledge of legal principles relating to equity and trusts
  • Interpret and transmit knowledge, skills and concepts to specialist and non-specialist audiences
  • Analyse complex factual situations involving equity and trusts law and apply relevant legal principles to solving legal problems
  • Formulate, present and evaluate oral and written arguments on complex equity and trusts problems and principles, drawing upon relevant legal authority and policy considerations.
  • Apply advanced research skills
  • Assume responsibility for one's own learning by managing one's time effectively so as to complete and submit assessment items on time.

General Assessment Information

Detailed marking rubrics will be made available in iLearn.

Assessment Tasks

Name Weighting Hurdle Due
Assignment No 1 25% No 10 am, 4 September 2017
Assignment No 2 25% No 10 am, 13 October 2017
Final Examination (Take Home) 50% No 3 pm, 15 November 2017

Assignment No 1

Due: 10 am, 4 September 2017
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 Week 1 of the 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 (including footnotes, but not 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 though Turnitin. Plagiarism 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 online.

Further instructions and information in relation to Assignment No 1, including rubrics, 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.

Applications for special consideration pursuant to the Disruption to Studies Policy 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 and a description of the supporting documentation required. 

Any Assignment No 1 that is submitted after the due date will not be graded and will receive a zero mark.

This assessment task relates to the following learning outcomes:

  • demonstrate a detailed knowledge of legal principles relating to the law on equity and trusts;
  • formulate, present and evaluate oral and written arguments on complex equity and trusts problems and principles, drawing upon relevant legal authority and policy considerations; and
  • assume responsibility for one's own learning by managing one's time effectively so as to complete and submit assessment items on time; and
  • apply advanced research skills.

 

 


On successful completion you will be able to:
  • Formulate, present and evaluate oral and written arguments on complex equity and trusts problems and principles, drawing upon relevant legal authority and policy considerations.
  • Assume responsibility for one's own learning by managing one's time effectively so as to complete and submit assessment items on time.

Assignment No 2

Due: 10 am, 13 October 2017
Weighting: 25%

Assignment No 2 in this unit will require students to answer a problem question or questions.

The problem question or questions for Assignment No 2 will be available on iLearn by the end of Week 4 of the semester.

Assignment No 2 must be a properly referenced formal response with appropriate analysis and argument supported by relevant authoritative cases and commentary. Assignment No 2 must be typed and must be kept to a maximum 2,500 words (including footnotes). A bibliography is not required for this assignment. The word limit will be strictly applied and work above the word limit will not be marked.

Assignment No 2 must be submitted electronically, through Turnitin. Plagiarism 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 online.

Further instructions in relation to Assignment No 2, including rubrics, will be posted 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 or questions to be completed at a time determined by the unit convenor.

​Applications for special consideration pursuant to the Disruption to Studies Policy 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.

Any Assignment No 2 that is submitted after the due date will not be graded and will receive a zero mark.

This assessment task relates to the following learning outcomes:

  • demonstrate a detailed knowledge of legal principles relating to the law on equity and trusts;
  • interpret and transmit knowledge, skills and concepts to specialist and non-specialist audiences
  • analyse complex factual situations in solving equity and trusts law and apply relevant legal; principles to solving legal problems;
  • assume responsibility for one's own learning by managing one's time effectively so as to complete and submit assessment items on time; and
  • apply advanced research skills.

On successful completion you will be able to:
  • Demonstrate a detailed and thorough knowledge of legal principles relating to equity and trusts
  • Analyse complex factual situations involving equity and trusts law and apply relevant legal principles to solving legal problems
  • Formulate, present and evaluate oral and written arguments on complex equity and trusts problems and principles, drawing upon relevant legal authority and policy considerations.
  • Apply advanced research skills
  • Assume responsibility for one's own learning by managing one's time effectively so as to complete and submit assessment items on time.

Final Examination (Take Home)

Due: 3 pm, 15 November 2017
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 Wednesday 15 November 2017 and must submit their answers to the final examination paper by 3 pm on Wednesday 15 November 2017.

A student's answers to the final examination paper's questions cannot exceed 2,500 words (inclusive 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, through Turnitin. Plagiarism detection software is used in this unit.

Further instructions and information in relation to the Take Home Examination, including rubrics, 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.

Any take home examination that is submitted after the stipulated time on the due date will not be graded and will receive a zero mark.

This assessment task relates to the following learning outcomes:

  • demonstrate a detailed knowledge of legal principles relating to the law on equity and trusts;
  • interpret and transmit knowledge, skills and concepts to specialist and non-specialist audiences
  • analyse complex factual situations in solving equity and trusts law and apply relevant legal; principles to solving legal problems;
  • formulate, present and evaluate oral and written arguments on complex equity and trusts problems and principles, drawing upon relevant legal authority and policy considerations; and
  • assume responsibility for one's own learning by managing one's time effectively so as to complete and submit assessment items on time.

On successful completion you will be able to:
  • Demonstrate a detailed and thorough knowledge of legal principles relating to equity and trusts
  • Interpret and transmit knowledge, skills and concepts to specialist and non-specialist audiences
  • Analyse complex factual situations involving equity and trusts law and apply relevant legal principles to solving legal problems
  • Formulate, present and evaluate oral and written arguments on complex equity and trusts problems and principles, drawing upon relevant legal authority and policy considerations.
  • Assume responsibility for one's own learning by managing one's time effectively so as to complete and submit assessment items on time.

Delivery and Resources

DELIVERY OF THE UNIT

To complete this unit student will need to use a computer and have access to the Internet.

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. 

Weekly Tutorials (Internal Students)

For internal students, weekly tutorials of 1.5 hours duration will commence in Week 1 and go through to week 12. 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. Attendance at the first two days of on campus sessions is compulsory. Students who are unable to attend must apply for special consideration pursuant to the University's Disruption to Studies policy. If the application is accepted, alternative work in lieu of attendance will be set.

Attendance at the third day of 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, Principles of Australian Contract Law, Cases & Materials, 3rd ed, LexisNexis, 2015

3. Up-dates to the textbook and other materials that are available on iLearn

Unit Schedule

 

TOPICS STUDIED IN THIS UNIT

 

Week

Topic(s)

1

Introduction to Contract Law

2

Agreement

3

Certainty & Completeness; Consideration; Equitable Estoppel

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 Contracts

13

Revision

 

The required readings for the above topics are set out in detail on iLearn.

Policies and Procedures

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_2016.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 (in effect until Dec 4th, 2017): http://www.mq.edu.au/policy/docs/disruption_studies/policy.html

Special Consideration Policy (in effect from Dec 4th, 2017): https://staff.mq.edu.au/work/strategy-planning-and-governance/university-policies-and-procedures/policies/special-consideration

In addition, a number of other policies can be found in the Learning and Teaching Category of Policy Central.

Student Code of Conduct

Macquarie University students have a responsibility to be familiar with the Student Code of Conduct: https://students.mq.edu.au/support/student_conduct/

Results

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.

Student Support

Macquarie University provides a range of support services for students. For details, visit http://students.mq.edu.au/support/

Learning Skills

Learning Skills (mq.edu.au/learningskills) provides academic writing resources and study strategies to improve your marks and take control of your study.

Student Services and Support

Students with a disability are encouraged to contact the Disability Service who can provide appropriate help with any issues that arise during their studies.

Student Enquiries

For all student enquiries, visit Student Connect at ask.mq.edu.au

IT Help

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.

Graduate Capabilities

PG - Capable of Professional and Personal Judgment and Initiative

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:

Learning outcomes

  • Apply advanced research skills
  • Assume responsibility for one's own learning by managing one's time effectively so as to complete and submit assessment items on time.

Assessment tasks

  • Assignment No 1
  • Final Examination (Take Home)

PG - Discipline Knowledge and Skills

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:

Learning outcomes

  • Demonstrate a detailed and thorough knowledge of legal principles relating to equity and trusts
  • Analyse complex factual situations involving equity and trusts law and apply relevant legal principles to solving legal problems

Assessment tasks

  • Assignment No 1
  • Final Examination (Take Home)

PG - Critical, Analytical and Integrative Thinking

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:

Learning outcomes

  • Interpret and transmit knowledge, skills and concepts to specialist and non-specialist audiences
  • Analyse complex factual situations involving equity and trusts law and apply relevant legal principles to solving legal problems

Assessment tasks

  • Assignment No 1
  • Assignment No 2

PG - Research and Problem Solving Capability

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:

Learning outcomes

  • Demonstrate a detailed and thorough knowledge of legal principles relating to equity and trusts
  • Analyse complex factual situations involving equity and trusts law and apply relevant legal principles to solving legal problems
  • Formulate, present and evaluate oral and written arguments on complex equity and trusts problems and principles, drawing upon relevant legal authority and policy considerations.
  • Apply advanced research skills

Assessment tasks

  • Assignment No 1
  • Assignment No 2
  • Final Examination (Take Home)

PG - Effective Communication

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:

Learning outcomes

  • Interpret and transmit knowledge, skills and concepts to specialist and non-specialist audiences
  • Formulate, present and evaluate oral and written arguments on complex equity and trusts problems and principles, drawing upon relevant legal authority and policy considerations.
  • Apply advanced research skills

Assessment tasks

  • Assignment No 1
  • Assignment No 2
  • Final Examination (Take Home)

PG - Engaged and Responsible, Active and Ethical Citizens

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:

Learning outcome

  • Assume responsibility for one's own learning by managing one's time effectively so as to complete and submit assessment items on time.

Assessment task

  • Assignment No 2