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LAWS8030 – The Law of Obligations I - Contracts

2023 – 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
Ilija Vickovich
Contact via iLearn email link
6 First Walk 624
TBC
Tutor
Lisa Spagnolo
Contact via iLearn email link
TBA
Credit points Credit points
10
Prerequisites Prerequisites
Admission to GradCertLaw or GradDipLaw or Admission to JD
Corequisites Corequisites
LAWS600 or LAWS8001
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.

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: Demonstrate a detailed and thorough knowledge of legal principles relating to contract law.
  • ULO2: Interpret and transmit knowledge, skills and concepts of contract law to specialist and non-specialist audiences.
  • ULO3: Analyse complex factual situations involving contract law and apply relevant legal principles to solving legal problems.
  • ULO4: Research, formulate, present and evaluate oral and written arguments on complex contract law problems and principles, drawing upon relevant legal authority and policy considerations.

General Assessment Information

Late Assessment Submission Penalty 

Unless a Special Consideration request has been submitted and approved, a 5% penalty (of the total possible mark) will be applied each day a written assessment is not submitted, up until the 7th day (including weekends). After the 7th day, a mark of ‘0’ (zero) will be awarded even if the assessment is submitted. Submission time for all written assessments is set at 11.55pm. A 1-hour grace period is provided to students who experience a technical issue.

This late penalty will apply to non-timed sensitive assessment (incl essays, reports, posters, portfolios, journals, recordings etc). Late submission of time sensitive tasks (such as tests/exams, performance assessments/presentations, scheduled practical assessments/labs etc) will only be addressed by the unit convenor in a Special consideration application. Special Consideration outcome may result in a new question or topic.

Fit to Sit Model

Macquarie University operates under a ‘Fit to Sit’ model. This means that in sitting an exam and/or in-class test or otherwise submitting an assessment (including an online quiz), a student declares themselves fit to do so. Therefore, if a student is feeling unfit to sit the exam or test, or otherwise submit the assessment (as the case may be), they should not do so.

If a student sits an exam or test, or otherwise submits an assessment, knowing that they are unfit to do so, they will not be granted Special Consideration. It is the responsibility of the student to determine whether they are fit to sit an examination or test or otherwise submit an assessment, or whether a Special Consideration application should be submitted.

A student’s sitting an examination or test or otherwise submitting an assessment will not preclude the student from being granted Special Consideration if the student can demonstrate that:

• they were unfit to make reasonable judgement on their fitness to undertake the assessment, due to mental illness or other exceptional circumstances;

• they were taken ill during the assessment (in the case of an examination or test); or

• other exceptional circumstances beyond their control vitiated the Fit to Sit declaration.

Assessment Tasks

Name Weighting Hurdle Due
Online quizzes 30% No 18-19 Mar; 29-30 Apr; 27-28 May
Problem Question 20% No Tue 18 Apr
Class participation 10% No Weekly
Take Home Test 40% No Tue 20 Jun

Online quizzes

Assessment Type 1: Quiz/Test
Indicative Time on Task 2: 3 hours
Due: 18-19 Mar; 29-30 Apr; 27-28 May
Weighting: 30%

 

Students will undertake three online quizzes across semester, testing knowledge of material covered in the lectures and tutorials.

 


On successful completion you will be able to:
  • Demonstrate a detailed and thorough knowledge of legal principles relating to contract law.
  • Interpret and transmit knowledge, skills and concepts of contract law to specialist and non-specialist audiences.
  • Analyse complex factual situations involving contract law and apply relevant legal principles to solving legal problems.

Problem Question

Assessment Type 1: Quiz/Test
Indicative Time on Task 2: 3 hours
Due: Tue 18 Apr
Weighting: 20%

 

Hypothetical problem question.

 


On successful completion you will be able to:
  • Demonstrate a detailed and thorough knowledge of legal principles relating to contract law.
  • Interpret and transmit knowledge, skills and concepts of contract law to specialist and non-specialist audiences.
  • Analyse complex factual situations involving contract law and apply relevant legal principles to solving legal problems.
  • Research, formulate, present and evaluate oral and written arguments on complex contract law problems and principles, drawing upon relevant legal authority and policy considerations.

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:
  • Demonstrate a detailed and thorough knowledge of legal principles relating to contract law.
  • Interpret and transmit knowledge, skills and concepts of contract law to specialist and non-specialist audiences.
  • Analyse complex factual situations involving contract law and apply relevant legal principles to solving legal problems.

Take Home Test

Assessment Type 1: Quiz/Test
Indicative Time on Task 2: 35 hours
Due: Tue 20 Jun
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:
  • Demonstrate a detailed and thorough knowledge of legal principles relating to contract law.
  • Interpret and transmit knowledge, skills and concepts of contract law to specialist and non-specialist audiences.
  • Analyse complex factual situations involving contract law and apply relevant legal principles to solving legal problems.
  • Research, formulate, present and evaluate oral and written arguments on complex contract law problems and principles, drawing upon relevant legal authority 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, 2023

Week

 

Week Commencing

Lecture Topic

Tutorial Topic

1

20 Feb

Introduction to Contracts; Overview of Contract Remedies

Legal Problem-Solving Model

 

 

2

27 Feb

Agreement – Offer and Acceptance

Introduction to Contracts; Overview of Contract Remedies

 

3

6 Mar

Consideration; Equitable Estoppel; Intention

Agreement – Offer and Acceptance

 

4 13 Mar

Certainty and Completeness; Capacity; Requirement of Writing

Consideration; Equitable Estoppel; Intention

 

5

20 Mar

Express Terms

Certainty and Completeness; Capacity; Requirement of Writing

6

27 Mar

Implied Terms; Construction of Terms; Exclusion Clauses

 

Express Terms

 

 

7

3 Apr

 

Misrepresentation; Misleading or Deceptive Conduct; Mistake

 

Implied Terms; Construction of Terms; Exclusion Clauses

    MID-SESSION BREAK  

8

24 Apr

Duress; Undue Influence; Unconscionability

 

Misrepresentation; Misleading or Deceptive Conduct; Mistake

 

9

 

1 May

 

Discharge by Agreement; Discharge by Performance

Duress; Undue Influence; Unconscionability

10

8 May

Discharge by Breach; Discharge by Frustration

Discharge by Agreement; Discharge by Performance

 

11

15 May

Illegality

Discharge by Breach; Discharge by Frustration

 

12

22 May

Privity of Contract; Contracts in Context

Illegality

 

13

29 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. 

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Student Enquiries

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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 2023.01R of the Handbook