Students
LAWS1200 – Contracts
2023 – Session 2, Online-scheduled-weekday
General Information
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| Unit convenor and teaching staff |
Unit convenor and teaching staff
Lisa Spagnolo
Ilija Vickovich
|
|---|---|
| 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.
Assessment Tasks
| Name | Weighting | Hurdle | Due |
|---|---|---|---|
| Problem Question | 30% | No | Monday 4 September 2023 11.55PM (Sydney time) |
| Class Participation | 20% | No | Weeks 1-13 |
| Take Home Test | 50% | No | Monday 6 November 2023 10:00AM-1:00PM (Sydney time) |
Problem Question
Assessment Type 1: Quiz/Test
Indicative Time on Task 2: 5 hours
Due: Monday 4 September 2023 11.55PM (Sydney time)
Weighting: 30%
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.
Class Participation
Assessment Type 1: Participatory task
Indicative Time on Task 2: 0 hours
Due: Weeks 1-13
Weighting: 20%
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.
Take Home Test
Assessment Type 1: Quiz/Test
Indicative Time on Task 2: 25 hours
Due: Monday 6 November 2023 10:00AM-1:00PM (Sydney time)
Weighting: 50%
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
Unit Schedule
|
Week
|
Beginning |
Lecture Topic |
Tutorial Topic |
|
1 |
24 July |
Introduction to Contracts; International Contract Law Aims, Applicability & Interpretation; Agreement - Offer Part 1 |
Introduction to Contract; International Contract Law Applicability; Offer Part 1
|
|
2 |
31 July |
Agreement – Agreement - Offer Part 2 and Acceptance; Consideration |
Agreement – Offer Part 2 and Acceptance
|
|
3 |
7 August |
Equitable Estoppel; Intention; Certainty & Completeness; Capacity |
Consideration; Equitable Estoppel; Intention |
|
4 |
14 August |
Express Terms |
Certainty and Completeness; Capacity; Capacity |
|
5 |
21 August |
Implied Terms; Construction of Terms |
Express Terms; |
|
6 |
28 August |
Discharge by Agreement; Discharge by Performance |
Implied Terms (including ACL Consumer Guarantees); Construction of Terms; Exclusion clauses
|
|
7 |
4 September |
Discharge by Termination for Breach Part 1
|
Discharge by Agreement; Discharge by Performance; |
|
|
11-22 Sept |
Mid-Session Break |
|
|
8
|
25 Sept |
Discharge by Termination for Breach Part 2; Discharge by Frustration
|
Discharge by Termination for Breach |
|
9 |
2 October |
Mistake; Misrepresentation; Misleading or Deceptive Conduct; Unfair Terms |
Discharge by Termination for Breach; Discharge for Frustration
|
|
10 |
9 October |
Duress; Undue Influence; Unconscionability |
Misleading or Deceptive Conduct; Misrepresentation |
|
11 |
16 October |
Writing Requirements; Illegality |
Duress; Undue Influence; Unconscionability; Unfair Terms |
|
12 |
23 October |
Privity
|
Writing Requirements; Illegality
|
|
13 |
30 October |
Contract Theory & Context; Exam Preparation
|
Privity |
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
- Assessment Procedure
- Complaints Resolution 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
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.
- Workshops
- Chat with a WriteWISE peer writing leader
- Access StudyWISE
- Upload an assignment to Studiosity
- Complete the Academic Integrity Module
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:
- IT Support
- Accessibility and disability support with study
- Mental health support
- Safety support to respond to bullying, harassment, sexual harassment and sexual assault
- Social support including information about finances, tenancy and legal issues
- Student Advocacy provides independent advice on MQ policies, procedures, and processes
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.
Unit information based on version 2023.02 of the Handbook