Students

LAWS1200 – Contracts

2021 – Session 2, Weekday attendance, North Ryde

Session 2 Learning and Teaching Update

The decision has been made to conduct study online for the remainder of Session 2 for all units WITHOUT mandatory on-campus learning activities. Exams for Session 2 will also be online where possible to do so.

This is due to the extension of the lockdown orders and to provide certainty around arrangements for the remainder of Session 2. We hope to return to campus beyond Session 2 as soon as it is safe and appropriate to do so.

Some classes/teaching activities cannot be moved online and must be taught on campus. You should already know if you are in one of these classes/teaching activities and your unit convenor will provide you with more information via iLearn. If you want to confirm, see the list of units with mandatory on-campus classes/teaching activities.

Visit the MQ COVID-19 information page for more detail.

General Information

Download as PDF
Unit convenor and teaching staff Unit convenor and teaching staff Unit Convenor, Lecturer, Tutor
(Mr) Ilija Vickovich (ilija.vickovich@mq.edu.au)
Contact via Contact through iLearn link
6 First Walk, Room 624
Thursdays 1.30pm-2.30pm
Tutor
Julian Dight
Tutor
Liza Rybak
Tutor
Rod Smith
Credit points Credit points
10
Prerequisites Prerequisites
LAWS1000 or LAW115
Corequisites Corequisites
Co-badged status Co-badged status
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.

Important Academic Dates

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

Learning Outcomes

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

  • ULO1: Describe the legal principles relating to contract law.
  • ULO2: Explain the main competing philosophies underpinning contract law and describe the role of contracts in a historical and social context.
  • ULO3: Formulate, present and evaluate oral and written arguments about contract law, drawing upon relevant precedent and policy considerations.
  • ULO4: Analyse hypothetical fact situations, identify legal and factual issues involving the law relating to contract law, and apply relevant principles to solve legal problems.
  • ULO5: Demonstrate research, writing and referencing skills appropriate to students undertaking a 100 level unit.

General Assessment Information

Late Submission Penalty

Unless a Disruption to Studies request has been submitted and approved, (a) a penalty for lateness will apply – 10 marks out of 100 credit will be deducted per day for assignments submitted after the due date – and (b) no assignment will be accepted seven days (incl. weekends) after the original submission deadline.

Assessment Tasks

Name Weighting Hurdle Due
Class Participation 10% No Continuing
Multiple Choice Quiz 30% No 23:59 22/08/2021; 23:59 03/10/2021; 23.59 31/10/2021
Take Home Test 40% No 17:00 12/11/2021
Problem Question 20% No 23:59 06/09/2021

Class Participation

Assessment Type 1: Participatory task
Indicative Time on Task 2: 13 hours
Due: Continuing
Weighting: 10%

 

Students will participate in a one-hour tutorial every week that will provide the opportunity to explore, analyse and apply the principal doctrinal rules covered in lectures.

 


On successful completion you will be able to:
  • Describe the legal principles relating to contract law.
  • Explain the main competing philosophies underpinning contract law and describe the role of contracts in a historical and social context.
  • Formulate, present and evaluate oral and written arguments about contract law, drawing upon relevant precedent and policy considerations.

Multiple Choice Quiz

Assessment Type 1: Quiz/Test
Indicative Time on Task 2: 3 hours
Due: 23:59 22/08/2021; 23:59 03/10/2021; 23.59 31/10/2021
Weighting: 30%

 

Students will complete three online quizzes across the semester testing material covered in the weekly tutorials and lectures.

 


On successful completion you will be able to:
  • Describe the legal principles relating to contract law.
  • Explain the main competing philosophies underpinning contract law and describe the role of contracts in a historical and social context.
  • Formulate, present and evaluate oral and written arguments about contract law, drawing upon relevant precedent and policy considerations.

Take Home Test

Assessment Type 1: Quiz/Test
Indicative Time on Task 2: 48 hours
Due: 17:00 12/11/2021
Weighting: 40%

 

Students will complete a time limited take home test based on material covered in the unit.

 


On successful completion you will be able to:
  • Describe the legal principles relating to contract law.
  • Explain the main competing philosophies underpinning contract law and describe the role of contracts in a historical and social context.
  • Formulate, present and evaluate oral and written arguments about contract law, drawing upon relevant precedent and policy considerations.
  • Analyse hypothetical fact situations, identify legal and factual issues involving the law relating to contract law, and apply relevant principles to solve legal problems.
  • Demonstrate research, writing and referencing skills appropriate to students undertaking a 100 level unit.

Problem Question

Assessment Type 1: Quiz/Test
Indicative Time on Task 2: 5 hours
Due: 23:59 06/09/2021
Weighting: 20%

 

The Assignment in this unit will be a hypothetical problem question.

 


On successful completion you will be able to:
  • Describe the legal principles relating to contract law.
  • Demonstrate research, writing and referencing skills appropriate to students undertaking a 100 level unit.

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 Learning Skills Unit 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

Prescribed Texts 

P Radan, J Gooley & I Vickovich, Principles of Australian Contract Law, 5th ed, LexisNexis, Sydney, 2021 

P Radan, J Gooley & I Vickovich, Principles of Australian Contract Law: Cases & Materials, 5th ed, LexisNexis, Sydney, 2021

Notes and other additional materials available on iLearn and Leganto.

Recommended Texts

J W Carter, Contract Law in Australia, 7th ed, LexisNexis, 2018

N Seddon & R Bigwood, Cheshire & Fifoot Law of Contract, 11th ed, LexisNexis, 2017

J D Heydon, Heydon on Contract, Thompson Reuters, 2019

J Robertson & A Paterson, Principles of Contract Law, 6th ed, Thompson Reuters, 2020.

Unit Schedule

LECTURE SCHEDULE

Session 1, 2021

Week

 

Week Commencing

Lecture Topic

Tutorial Topic

1

26 July

Introduction to Contracts; Overview of Contract Remedies

Legal Problem-Solving Model

 

 

2

31 July

Agreement – Offer and Acceptance

Introduction to Contracts; Overview of Contract Remedies

 

3

7 Aug

Consideration; Equitable Estoppel; Intention

Agreement – Offer and Acceptance

 

4

14 Aug

Certainty and Completeness; Capacity; Requirement of Writing

Consideration; Equitable Estoppel; Intention

 

5

21 Aug

Express Terms

Certainty and Completeness; Capacity; Requirement of Writing

6

28 Aug

Implied Terms; Construction of Terms; Exclusion Clauses

 

Express Terms

 

 

7

4 Sep

 

Misrepresentation; Misleading or Deceptive Conduct; Mistake

 

Implied Terms; Construction of Terms; Exclusion Clauses

    MID-SESSION BREAK  

8

25 Sep

Duress; Undue Influence; Unconscionability

 

Misrepresentation; Misleading or Deceptive Conduct; Mistake

 

9

 

2 Oct

 

Discharge by Agreement; Discharge by Performance

Duress; Undue Influence; Unconscionability

10

9 Oct

Discharge by Breach; Discharge by Frustration

Discharge by Agreement; Discharge by Performance

 

11

16 Oct

Illegality

Discharge by Breach; Discharge by Frustration

 

12

23 Oct

Privity of Contract; Contracts in Context

Illegality

 

13

30 Oct

Contract Theory; 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:

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/admin/other-resources/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 Enquiry Service

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

Equity 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.

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.