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

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
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://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 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 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

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

 

 

 

 

 

Mid-Semester Break

 

 

7

19 Apr

Misrepresentation; Misleading or Deceptive Conduct; Mistake

 

Implied Terms; Construction of Terms; Exclusion Clauses

 

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

 

10

10 May

Discharge by Breach; Discharge by Frustration

Discharge by Agreement; Discharge by Performance

 

11

17 May

Illegality

Discharge by Breach; Discharge by Frustration

 

12

24 May

Privity of Contract; Contracts in Context

 

Illegality

 

13

31 May

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.