Students
LAWS1200 – Contracts
2021 – Session 1, Special circumstances
Notice
As part of Phase 3 of our return to campus plan, most units will now run tutorials, seminars and other small group activities on campus, and most will keep an online version available to those students unable to return or those who choose to continue their studies online.
To check the availability of face-to-face and online 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
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| 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
Mondays 4pm-5pm
|
|---|---|
| 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://www.mq.edu.au/study/calendar-of-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 Special Consideration request has been submitted and approved, (a) a penalty for lateness will apply – two (2) marks out of 100 will be deducted per day for assignments submitted after the due date – and (b) no assignment will be accepted more than seven (7) days (incl. weekends) after the original submission deadline. No late submissions will be accepted for timed assessments – e.g. quizzes, online tests.
Assessment Tasks
| Name | Weighting | Hurdle | Due |
|---|---|---|---|
| Class Participation | 10% | No | Weekly |
| Problem Question | 20% | No | 6 April |
| Multiple Choice Quiz | 30% | No | Weeks 4, 8, 12 |
| Take Home Test | 40% | No | 15 June |
Class Participation
Assessment Type 1: Participatory task
Indicative Time on Task 2: 13 hours
Due: Weekly
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.
Problem Question
Assessment Type 1: Quiz/Test
Indicative Time on Task 2: 5 hours
Due: 6 April
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.
Multiple Choice Quiz
Assessment Type 1: Quiz/Test
Indicative Time on Task 2: 3 hours
Due: Weeks 4, 8, 12
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: 15 June
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.
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
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 |
22 Feb |
Introduction to Contracts; Overview of Contract Remedies |
Legal Problem-Solving Model
|
|
2 |
1 Mar |
Agreement – Offer and Acceptance |
Introduction to Contracts; Overview of Contract Remedies
|
|
3 |
8 Mar |
Consideration; Equitable Estoppel; Intention |
Agreement – Offer and Acceptance
|
|
4 |
15 Mar |
Certainty and Completeness; Capacity; Requirement of Writing |
Consideration; Equitable Estoppel; Intention
|
|
5 |
22 Mar |
Express Terms |
Certainty and Completeness; Capacity; Requirement of Writing |
|
6 |
29 Mar |
Implied Terms; Construction of Terms; Exclusion Clauses |
Express Terms
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|
|
|
Mid-Semester Break
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|
|
7 |
19 Apr |
Misrepresentation; Misleading or Deceptive Conduct; Mistake
|
Implied Terms; Construction of Terms; Exclusion Clauses
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|
8
|
26 Apr |
Duress; Undue Influence; Unconscionability
|
Misrepresentation; Misleading or Deceptive Conduct; Mistake |
|
9 |
3 May |
Discharge by Agreement; Discharge by Performance |
Duress; Undue Influence; Unconscionability
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|
10 |
10 May |
Discharge by Breach; Discharge by Frustration |
Discharge by Agreement; Discharge by Performance
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|
11 |
17 May |
Illegality |
Discharge by Breach; Discharge by Frustration
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|
12 |
24 May |
Privity of Contract; Contracts in Context
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Illegality
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|
13 |
31 May |
Contract Theory; Exam Preparation
|
Privity of Contract
|
Policies and Procedures
Macquarie University policies and procedures are accessible from Policy Central (https://policies.mq.edu.au). 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
Students seeking more policy resources can visit Student Policies (https://students.mq.edu.au/support/study/policies). It is your one-stop-shop for the key policies you need to know about throughout your undergraduate student journey.
To find other policies relating to Teaching and Learning, visit Policy Central (https://policies.mq.edu.au) and use the search tool.
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 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.
Unit information based on version 2021.04 of the Handbook