Students
LAWS8030 – The Law of Obligations I - Contracts
2020 – Session 2, Special circumstance
Notice
As part of Phase 3 of our return to campus plan, most units will now run tutorials, seminars and other small group learning activities on campus for the second half-year, while keeping an online version available for those students unable to return or those who choose to continue their studies online.
To check the availability of face to face activities for your unit, please go to timetable viewer. To check detailed information on unit assessments visit your unit's iLearn space or consult your unit convenor.
General Information
Download as PDF
| Unit convenor and teaching staff |
Unit convenor and teaching staff
Convenor, Lecturer, Tutor
Ilija Vickovich
Contact via ilija.vickovich@mq.edu.au
6 First Walk, Room 624
TBA
|
|---|---|
| Credit points |
Credit points
10
|
| Prerequisites |
Prerequisites
Admission to GradCertLaw or GradDipLaw or Admission to JD
|
| Corequisites |
Corequisites
LAWS600 or LAWS8001
|
| 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 through hypothetical problem questions. Research skills are tested with a research assignment. |
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:
- ULO1: Demonstrate a detailed and thorough knowledge of legal principles relating to contract law.
- ULO2: Interpret and transmit knowledge, skills and concepts of contract law to specialist and non-specialist audiences.
- ULO3: Analyse complex factual situations involving contract law and apply relevant legal principles to solving legal problems.
- ULO4: Research, formulate, present and evaluate oral and written arguments on complex contract law problems and principles, drawing upon relevant legal authority and policy considerations.
Assessment Tasks
| Name | Weighting | Hurdle | Due |
|---|---|---|---|
| Multiple Choice Quizzes | 20% | No | 22-23 Aug AND 3-4 Oct |
| Foundations of Contract Law essay | 30% | No | Mon 7 Sep |
| Online quiz | 10% | No | 31 Oct - 1 Nov |
| Take Home Online Assessment | 40% | No | Sat 21 Nov |
Multiple Choice Quizzes
Assessment Type 1: Quiz/Test
Indicative Time on Task 2: 2 hours
Due: 22-23 Aug AND 3-4 Oct
Weighting: 20%
2 short multiple choice quizzes will cover the foundations of contract law
On successful completion you will be able to:
- Demonstrate a detailed and thorough knowledge of legal principles relating to contract law.
- Analyse complex factual situations involving contract law and apply relevant legal principles to solving legal problems.
Foundations of Contract Law essay
Assessment Type 1: Essay
Indicative Time on Task 2: 35 hours
Due: Mon 7 Sep
Weighting: 30%
The essay may take the form of a problem question or a question on the underlying principles of contract law
On successful completion you will be able to:
- Demonstrate a detailed and thorough knowledge of legal principles relating to contract law.
- Interpret and transmit knowledge, skills and concepts of contract law to specialist and non-specialist audiences.
Online quiz
Assessment Type 1: Quiz/Test
Indicative Time on Task 2: 1 hours
Due: 31 Oct - 1 Nov
Weighting: 10%
An online multiple choice quiz
On successful completion you will be able to:
- Demonstrate a detailed and thorough knowledge of legal principles relating to contract law.
- Interpret and transmit knowledge, skills and concepts of contract law to specialist and non-specialist audiences.
- Analyse complex factual situations involving contract law and apply relevant legal principles to solving legal problems.
Take Home Online Assessment
Assessment Type 1: Quiz/Test
Indicative Time on Task 2: 55 hours
Due: Sat 21 Nov
Weighting: 40%
Take Home Online Assessment comprised of problem-based questions
On successful completion you will be able to:
- Demonstrate a detailed and thorough knowledge of legal principles relating to contract law.
- Interpret and transmit knowledge, skills and concepts of contract law to specialist and non-specialist audiences.
- Analyse complex factual situations involving contract law and apply relevant legal principles to solving legal problems.
- Research, formulate, present and evaluate oral and written arguments on complex contract law problems and principles, drawing upon relevant legal authority and policy considerations.
1 If you need help with your assignment, please contact:
- the academic teaching staff in your unit for guidance in understanding or completing this type of assessment
- the Writing Centre for academic skills support.
2 Indicative time-on-task is an estimate of the time required for completion of the assessment task and is subject to individual variation
Delivery and Resources
RESOURCES
Prescribed Materials
1. P Radan, J Gooley, & I Vickovich, Principles of Australian Contract Law, 4th ed, LexisNexis, 2018
2. P Radan, J Gooley, & I Vickovich, Principles of Australian Contract Law, Cases & Materials, 4th ed, LexisNexis, 2018
Unit Schedule
UNIT SCHEDULE
Session 2, 2020
|
Week
|
Week Commencing |
Lecture Topic |
Tutorial Topic |
|
1 |
27 Jul |
Introduction to Contracts; Overview of Contract Remedies |
Legal Problem Solving Model
|
|
2 |
3 Aug |
Agreement – Offer and Acceptance |
Introduction to Contracts; Overview of Contract Remedies
|
|
3 |
10 Aug |
Consideration; Equitable Estoppel; Intention |
Agreement – Offer and Acceptance
|
|
4 |
17 Aug |
Certainty and Completeness; Capacity; Requirement of Writing |
Consideration; Equitable Estoppel; Intention
|
|
5 |
24 Aug |
Express Terms |
Certainty and Completeness; Capacity; Requirement of Writing |
|
6 |
31 Aug |
Implied Terms; Construction of Terms; Exclusion Clauses |
Express Terms
|
|
7 |
7 Sep |
Misrepresentation; Misleading or Deceptive Conduct; Mistake
|
Implied Terms; Construction of Terms; Exclusion Clauses
|
|
|
|
Mid-Semester Break |
|
|
8
|
28 Sep |
Duress; Undue Influence; Unconscionability |
Misrepresentation; Misleading or Deceptive Conduct; Mistake |
|
9 |
5 Oct |
Discharge by Agreement; Discharge by Performance |
Duress; Undue Influence; Unconscionability |
|
10 |
12 Oct |
Discharge by Breach; Discharge by Frustration |
Discharge by Agreement; Discharge by Performance
|
|
11 |
19 Oct |
Illegality |
Discharge by Breach; Discharge by Frustration
|
|
12 |
26 Oct |
Privity of Contract; Contract Theory
|
Illegality
|
|
13 |
2 Nov |
Contracts in Context; Exam Preparation
|
Privity of Contract
|
Policies and Procedures
Macquarie University policies and procedures are accessible from Policy Central (https://staff.mq.edu.au/work/strategy-planning-and-governance/university-policies-and-procedures/policy-central). Students should be aware of the following policies in particular with regard to Learning and Teaching:
- Academic Appeals Policy
- Academic Integrity Policy
- Academic Progression Policy
- Assessment Policy
- Fitness to Practice Procedure
- Grade Appeal Policy
- Complaint Management Procedure for Students and Members of the Public
- Special Consideration Policy (Note: The Special Consideration Policy is effective from 4 December 2017 and replaces the Disruption to Studies Policy.)
Students seeking more policy resources can visit the Student Policy Gateway (https://students.mq.edu.au/support/study/student-policy-gateway). It is your one-stop-shop for the key policies you need to know about throughout your undergraduate student journey.
If you would like to see all the policies relevant to Learning and Teaching visit Policy Central (https://staff.mq.edu.au/work/strategy-planning-and-governance/university-policies-and-procedures/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/study/getting-started/student-conduct
Results
Results published on platform other than eStudent, (eg. iLearn, Coursera etc.) 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 or if you are a Global MBA student contact globalmba.support@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 help you improve your marks and take control of your study.
The Library provides online and face to face support to help you find and use relevant information resources.
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
If you are a Global MBA student contact globalmba.support@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.