Students

LAWS1200 – Contracts

2022 – Session 1, Online-scheduled-weekday

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
Wednesdays 11.30am-12.30pm
Tutor
Lisa Spagnolo
TBA
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

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.

Assessment Tasks

Name Weighting Hurdle Due
Multiple Choice Quiz 30% No 20/03/22; 01/05/22; 29/05/22
Problem Question 20% No 06/04/22
Take Home Test 40% No 14/06/22
Class Participation 10% No Weeks 1-13

Multiple Choice Quiz

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 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.

Problem Question

Assessment Type 1: Quiz/Test
Indicative Time on Task 2: 5 hours
Due: 06/04/22
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.

Take Home Test

Assessment Type 1: Quiz/Test
Indicative Time on Task 2: 48 hours
Due: 14/06/22
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.

Class Participation

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.

 


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.

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 

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.

Unit Schedule

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

 

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

 

12

23 May

Privity of Contract; Contracts in Context

Illegality

 

13

30 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:

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

Academic Integrity

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.

Student Support

Macquarie University provides a range of support services for students. For details, visit http://students.mq.edu.au/support/

The Writing Centre

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. 

Student Services and Support

Macquarie University offers a range of Student Support Services including:

Student Enquiries

Got a question? Ask us via AskMQ, or contact Service Connect.

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.

Changes since First Published

Date Description
06/04/2022 The date for the final exam is changed to Tue 14 June 2022 because of public holiday on 13 June.

Unit information based on version 2022.02 of the Handbook