Students

LAWS1200 – Contracts

2024 – Session 2, In person-scheduled-weekday, North Ryde

General Information

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Unit convenor and teaching staff Unit convenor and teaching staff
Lisa Spagnolo
lisa.spagnolo@mq.edu.au
Contact via email
Room 331, 17 Wally's Walk
Convenor
Lisa Spagnolo
Contact via iLearn
17WW rm 331
see iLearn
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 role of contracts in an 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, including analysis under domestic contract law and international contract law.
  • ULO5: Demonstrate research, writing and referencing skills appropriate to students undertaking a 1000 level unit.
  • ULO6: Communicate, interact and collaborate professionally and effectively in verbal and non-verbal contexts across diverse settings.
  • ULO7: Work independently, meet deadlines and take initiative.

General Assessment Information

All written assessments submitted electronically must be submitted through the link provided in iLearn. This unit will utilise Turnitin plagiarism detection software. Students should carefully check that they submit the correct file for an assessment, as re-submissions will not be accepted after the due date and time, including instances where students upload an incorrect file in error.

The design, moderation and feedback of all assessments is in accordance with the Macquarie University Assessment Procedure (link provided under ‘Policies and Procedures’ below).

Late Submission Policy

A maximum penalty of five (5) percentage points of the total possible marks will be applied per day to late submissions, for up to a maximum of seven calendar days. Tasks that have not been submitted within the maximum number of additional late days will receive a mark of zero. This provision does not apply to online exams or other assessment with a time limit of less than 24 hours.

Penalties for late submission will be applied consistently and equitably to all students enrolled in the unit. Where short-term, serious and unavoidable circumstances have affected their ability to submit an assessment task, a student must submit a formal application for Special Consideration as per the Special Consideration Policy. Students should not request an informal arrangement from their tutor, lecturer or Unit Convenor.

Where an application for Special Consideration is approved, and the outcome is an extension to the due date of a task, submissions that are received after the new due date will be subject to late penalties that are calculated from the new due date. This only applies where the outcome is an extension to the due date – see the Special Consideration Policy for a schedule of all possible outcomes.

Special Consideration

Students should submit applications for Special Consideration electronically via ask.mq.edu.au, along with the supporting documentation. Before submitting their applications, students should refer to the Special Consideration Policy (link provided under ‘Policies and Procedures’ below).

Assessment Tasks

Name Weighting Hurdle Due
Practice-Based Task 40% No 9 Sept 2024 11:55PM (Syd time)
Class Participation 20% No Ongoing
Exam 40% No University exam period

Practice-Based Task

Assessment Type 1: Practice-based task
Indicative Time on Task 2: 5 hours
Due: 9 Sept 2024 11:55PM (Syd time)
Weighting: 40%

 

An assessment on professional skills and knowledge relevant to the unit. This could be a legal or policy brief, a report, an essay, a law reform proposal, legal pleadings or other related professional task. This assessment may require students to prepare a response through research and adhere to discipline-specific scholarly conventions.

 
On successful completion you will be able to:
  • Describe the legal principles relating to contract law.
  • Formulate, present and evaluate oral and written arguments about contract law, drawing upon relevant precedent and policy considerations.
  • Demonstrate research, writing and referencing skills appropriate to students undertaking a 1000 level unit.
  • Communicate, interact and collaborate professionally and effectively in verbal and non-verbal contexts across diverse settings.
  • Work independently, meet deadlines and take initiative.

Class Participation

Assessment Type 1: Participatory task
Indicative Time on Task 2: 0 hours
Due: Ongoing
Weighting: 20%

 

An assessment of students' participation in tutorials which may include participation in tutorial discussions and debates, problem-solving, role plays, critical engagement with the unit materials, and other activities. This may require preparation before the tutorial including completing the required readings and considering or preparing responses to the tutorial materials.

 
On successful completion you will be able to:
  • Describe the legal principles relating to contract law.
  • Explain the role of contracts in an historical and social context.
  • Formulate, present and evaluate oral and written arguments about contract law, drawing upon relevant precedent and policy considerations.
  • Communicate, interact and collaborate professionally and effectively in verbal and non-verbal contexts across diverse settings.
  • Work independently, meet deadlines and take initiative.

Exam

Assessment Type 1: Examination
Indicative Time on Task 2: 25 hours
Due: University exam period
Weighting: 40%

 

An invigilated exam held in the formal examination period. The exam may cover any or all topics and materials covered in the unit.

 
On successful completion you will be able to:
  • Describe the legal principles relating to contract law.
  • Explain the role of contracts in an 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, including analysis under domestic contract law and international contract law.
  • Demonstrate research, writing and referencing skills appropriate to students undertaking a 1000 level unit.
  • Communicate, interact and collaborate professionally and effectively in verbal and non-verbal contexts across diverse settings.
  • Work independently, meet deadlines and take initiative.

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

Delivery

Lectures: These commence in Week 1. Lectures will total approximately two hours per week, and consist of: Pre-recorded Lectures uploaded each week; and Live lectures delivered face-to-face on campus and uploaded each week. 

Tutorials: These also commence in Week 1. Tutorials run for one hour per week, face to face. From time to time, tutorials may need to be be run by Zoom (you will be notified in advance). Note that Tutorial Participation is assessed. 

This unit is worth 10 credit points, which equates to 150 hours of work. Therefore, students should expect to commit an average of 10 hours per week to this unit, including all scheduled and unscheduled activities and preparing and executing the assessment tasks.

Resources

The required textbook/s are:

J Gooley, P Radan & I Vickovich, Principles of Australian Contract Law (6th edn, 2023 Lexis Nexis) 

J Gooley, P Radan & I Vickovich, Principles of Australian Contract Law: Cases and Materials (6th edn, 2023 Lexis Nexis) 

Addtionally, Leganto (on iLearn) will link you to additional  required reading, including extracts of K Yin et al (see below).

Students can purchase these textbooks online from online resellers such as Booktopia, Amazon and Zookal. Student discounts may be available (see Welcome letter, iLearn).

Additional readings will be accessible through iLearn.

Students require access to a computer, internet with decent speed and a secure/reliable server. The iLearn page contains all Unit requirements and a weekly schedule for teaching, readings and tutorials. Information about all assessment tasks is also available on iLearn.

 

The following are recommended texts which you may find useful (no need to purchase):

K Yin, S Kozlina, K Green, L Siliquini-Cinelli, E Laryea & L Spagnolo, Contract Law: Cases and Materials (2020, Cambridge University Press) ISBN: 9781108435277 

JW Carter, Contract Law in Australia (7th edn, 2018 Lexis Nexis) ISBN: 9780409348316  

A Robertson & J Paterson, Principles of Contract Law (6th edn, 2020 Thomson Reuters) ISBN: 9780455243085 

N Seddon & R Bigwood, Cheshire & Fifoot Law of Contract (12th Australian edn, 2022 Lexis Nexis) ISBN: 9780409343960 

Unit Schedule

 

Week

Beginning

Lecture Topic

Tutorial Topic

1

22 July

Introduction to Contracts; International Contract Law Aims, Applicability & Interpretation; Agreement - Offer (Part 1)

TUTE 1: Introduction to Contract; International Contract Law Applicability; Offer (Part 1)

2

29 July

Agreement – Offer (Part 2); Acceptance

TUTE 2: Agreement – Offer (Part 2); Acceptance

3

5 August

Consideration; Equitable Estoppel; Intention 

TUTE 3: Consideration

4

12 August

Certainty & Completeness; Capacity; Express Terms (Parts 1, 2 & 3)

TUTE 4: Equitable Estoppel; Intention; Certainty & Completeness; Capacity

5

19 August

Express Terms (Part 4 - Parol Evidence Rule); Implied Terms

TUTE 5. Express Terms (Parts 1, 2 & 3)

6

26 August

Construction of Terms; Discharge by Agreement

TUTE 6: Express Terms (Part 4 - Parol Evidence Rule); Implied Terms 

7

2 Sept

Discharge by Performance; Discharge by Termination for Breach (Parts 1, 2 & 3 – Condition, Warranty)

TUTE 7: Construction of Terms; Discharge by Agreement 

8

9 Sept

Discharge by Termination for Breach (Parts 4, 5 & 6 – Intermediate Terms, Repudiation, ICL) 

TUTE 8: Discharge by Performance; Discharge by Termination for Breach (Parts 1, 2 & 3 – Condition, Warranty)
 

16-27 Sept

Mid-Session Break

  

9

30 Sept

Discharge by Frustration; Mistake; Misrepresentation; Misleading or Deceptive Conduct (Parts 1 & 2)

TUTE 9: Discharge by Termination for Breach (Parts 4, 5 & 6 – Intermediate Terms, Repudiation, ICL); Discharge by Frustration

10

7 October

Duress; Undue Influence; Unconscionability; Unfair terms; Unjust contracts

TUTE 10: Misleading or Deceptive Conduct; Misrepresentation

11

14 October

Writing Requirements; Illegality

TUTE 11: Duress; Undue Influence; Unconscionability; Unjust contracts

12

21 October

Privity

TUTE 12: Unfair Terms; Illegality

13

24 October

Contracts in the Digital Age; Exam Preparation

TUTE 13: Writing Requirements; 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:

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 connect.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 the Service Connect Portal, 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 from Previous Offering

This unit now includes an invigilated exam that will be run centrally by the university and held in the University Exam Period.

Unit information based on version 2024.05 of the Handbook