NZQA registered unit standard
11633 version 5
Page 1 of 4
Title
Apply the law of contract to a given fact situation
Level
5
Credits
10
Purpose
People credited with this unit standard are able to: define a
contract; apply the law relating to the formation of a contract;
apply the law which may invalidate a contract or render it
unenforceable; apply the law of discharge of contract; and
describe the remedies available for a breach of contract.
Classification
Business Environment > Business Law
Available grade
Achieved
Explanatory notes
1
Definition
A given fact situation refers to a situation giving rise to no more than three legal
issues, where the facts, either hypothetical or actual, are provided in the form of case
studies for assessment purposes.
2
Assessment
Candidate must demonstrate the ability to determine the facts of each fact situation,
identify the legal issues, and identify and apply the law.
3
Legislation applicable to this unit standard includes but is not limited to:
Illegal Contracts Act 1970
Minors’ Contracts Act 1969
Frustrated Contracts Act 1944
Contractual Remedies Act 1979
Contractual Mistakes Act 1977
Property Law Act 2007.
Outcomes and evidence requirements
Outcome 1
Define a contract.
Evidence requirements
1.1
A contract is distinguished from other forms of agreement.
1.2
The definition identifies the elements required for a valid contract.
NZQA National Qualifications Services
SSB Code 130301
 New Zealand Qualifications Authority 2016
NZQA registered unit standard
1.3
11633 version 5
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The definition describes the differences between a simple contract and a deed.
Outcome 2
Apply the law relating to the formation of a contract.
Evidence requirements
2.1
The law relating to the intention to create legal relations is applied to a given
fact situation.
2.2
The law relating to offer and acceptance is applied to a given fact situation.
2.3
The law relating to consideration is applied to a given fact situation.
Outcome 3
Apply the law which may invalidate a contract or render it unenforceable.
Evidence requirements
3.1
The law relating to capacity is applied to a given fact situation.
Range
3.2
The law relating to consent is applied to a given fact situation.
Range
3.3
two of – misrepresentation, mistake, undue influence,
unconscionable bargain, duress.
The law relating to illegality and contracts in restraint of trade is applied to a
given fact situation.
Range
3.4
one of – persons of unsound mind, minors.
one of – illegality, restraint of trade.
The law relating to form is applied to a given fact situation.
Outcome 4
Apply the law of discharge of contract.
Evidence requirements
4.1
The law which determines whether a contract is discharged is applied to a given
fact situation.
Range
two of – accord and satisfaction, agreement, performance,
cancellation, frustration, operation of law.
NZQA National Qualifications Services
SSB Code 130301
 New Zealand Qualifications Authority 2016
NZQA registered unit standard
11633 version 5
Page 3 of 4
Outcome 5
Describe the remedies available for a breach of contract.
Evidence requirements
5.1
The options available on breach of contract are described.
5.2
The law relating to damages, including the duty to mitigate, is described.
5.3
The law relating to specific performance, injunction, and relief pursuant to the
Contractual Remedies Act 1979 is described.
Planned review date
31 December 2020
Status information and last date for assessment for superseded versions
Process
Version Date
Last Date for Assessment
Registration
1
30 September 1997
31 December 2018
Revision
2
16 January 2001
31 December 2018
Review
3
17 July 2009
31 December 2018
Rollover and
Revision
4
24 October 2014
N/A
Rollover
5
21 January 2016
N/A
Consent and Moderation Requirements (CMR) reference
0113
This CMR can be accessed at http://www.nzqa.govt.nz/framework/search/index.do.
Please note
Providers must be granted consent to assess against standards (accredited) by NZQA,
before they can report credits from assessment against unit standards or deliver courses
of study leading to that assessment.
Industry Training Organisations must be granted consent to assess against standards by
NZQA before they can register credits from assessment against unit standards.
Providers and Industry Training Organisations, which have been granted consent and
which are assessing against unit standards must engage with the moderation system that
applies to those standards.
Requirements for consent to assess and an outline of the moderation system that applies
to this standard are outlined in the Consent and Moderation Requirements (CMR). The
CMR also includes useful information about special requirements for organisations wishing
to develop education and training programmes, such as minimum qualifications for tutors
and assessors, and special resource requirements.
NZQA National Qualifications Services
SSB Code 130301
 New Zealand Qualifications Authority 2016
NZQA registered unit standard
11633 version 5
Page 4 of 4
Comments on this unit standard
Please contact NZQA National Qualifications Services nqs@nzqa.govt.nz if you wish to
suggest changes to the content of this unit standard.
NZQA National Qualifications Services
SSB Code 130301
 New Zealand Qualifications Authority 2016