Unit convenor and teaching staff |
Unit convenor and teaching staff
Ilija Vickovich
Lisa Spagnolo
|
---|---|
Credit points |
Credit points
10
|
Prerequisites |
Prerequisites
Admission to GradCertLaw or GradDipLaw or Admission to JD
|
Corequisites |
Corequisites
LAWS600 or LAWS8001
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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. |
Information about important academic dates including deadlines for withdrawing from units are available at https://www.mq.edu.au/study/calendar-of-dates
On successful completion of this unit, you will be able to:
Unless a Special Consideration 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. No late submissions will be accepted for timed assessments - e.g. quizzes, online tests.
All assessments are submitted electronically. Turnitin plagiarism detection software is used to check all written assessments.
Students should carefully check that they submit the correct file for an assessment as no re-submissions will be accepted after the due date and time, including instances where students upload an incorrect file in error.
Word limits are strictly applied. Work above the word limit will not be marked. Footnotes are to be used only for referencing. Referencing must conform to the requirements set out in the Australian Guide to Legal Citation 4th ed.
Name | Weighting | Hurdle | Due |
---|---|---|---|
Online quizzes | 30% | No | 20/03/22; 01/05/22; 29/05/22 |
Problem Question | 20% | No | 20/04/22 |
Take Home Test | 40% | No | 14/06/22 |
Class participation | 10% | No | Weeks 1-13 |
Assessment Type 1: Quiz/Test
Indicative Time on Task 2: 3 hours
Due: 20/03/22; 01/05/22; 29/05/22
Weighting: 30%
Students will undertake three online quizzes across semester, testing knowledge of material covered in the lectures and tutorials.
Assessment Type 1: Quiz/Test
Indicative Time on Task 2: 3 hours
Due: 20/04/22
Weighting: 20%
Hypothetical problem question.
Assessment Type 1: Quiz/Test
Indicative Time on Task 2: 35 hours
Due: 14/06/22
Weighting: 40%
Students will complete a time limited take home test based on material covered in the unit.
Assessment Type 1: Participatory task
Indicative Time on Task 2: 13 hours
Due: Weeks 1-13
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.
1 If you need help with your assignment, please contact:
2 Indicative time-on-task is an estimate of the time required for completion of the assessment task and is subject to individual variation
Prescribed Texts
J Gooley, P Radan & I Vickovich, Principles of Australian Contract Law, 5th ed, LexisNexis, Sydney, 2021
J Gooley, P Radan & 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.
LECTURE SCHEDULE
Session 1, 2022
Week
|
Week Commencing |
Lecture Topic |
Tutorial Topic |
1 |
21 Feb |
Introduction to Contracts; Overview of Contract Remedies |
Legal Problem-Solving Model
|
2 |
28 Feb |
Agreement – Offer and Acceptance |
Introduction to Contracts; Overview of Contract Remedies
|
3 |
7 Mar |
Consideration; Equitable Estoppel; Intention |
Agreement – Offer and Acceptance
|
4 |
14 Mar |
Certainty and Completeness; Capacity; Requirement of Writing |
Consideration; Equitable Estoppel; Intention
|
5 |
21 Mar |
Express Terms |
Certainty and Completeness; Capacity; Requirement of Writing |
6 |
28 Mar |
Implied Terms; Construction of Terms; Exclusion Clauses |
Express Terms
|
7 |
4 Apr |
Misrepresentation; Misleading or Deceptive Conduct; Mistake
|
Implied Terms; Construction of Terms; Exclusion Clauses |
MID-SESSION BREAK | |||
8 |
25 Apr |
Duress; Undue Influence; Unconscionability
|
Misrepresentation; Misleading or Deceptive Conduct; Mistake
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9
|
2 May |
Discharge by Agreement; Discharge by Performance |
Duress; Undue Influence; Unconscionability |
10 |
9 May |
Discharge by Breach; Discharge by Frustration |
Discharge by Agreement; Discharge by Performance
|
11 |
16 May |
Illegality |
Discharge by Breach; Discharge by Frustration
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12 |
23 May |
Privity of Contract; Contracts in Context |
Illegality
|
13 |
30 May |
Contract Theory; Exam Preparation
|
Privity of Contract |
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:
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.
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 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
At Macquarie, we believe academic integrity – honesty, respect, trust, responsibility, fairness and courage – is at the core of learning, teaching and research. We recognise that meeting the expectations required to complete your assessments can be challenging. So, we offer you a range of resources and services to help you reach your potential, including free online writing and maths support, academic skills development and wellbeing consultations.
Macquarie University provides a range of support services for students. For details, visit http://students.mq.edu.au/support/
The Writing Centre provides resources to develop your English language proficiency, academic writing, and communication skills.
The Library provides online and face to face support to help you find and use relevant information resources.
Macquarie University offers a range of Student Support Services including:
Got a question? Ask us via AskMQ, or contact Service Connect.
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.
Date | Description |
---|---|
14/03/2022 | The date for submission of the Assignment has been changed from 5 April to 20 April. This is to allow the majority of students (online) to have the benefit of the April mid-session tutorials. |
Unit information based on version 2022.02 of the Handbook