Course Outline
Code: LAW204
Title: Contracts B
USC Law School
Teaching Session:
Year:
Course Coordinator:
Office No.
Phone No.
Email:
1.
Semester 2
2015
Professor Anne Rees
JG.07
07 5456 5854
arees1@usc.edu.au
What is this course about?
1.1
Course description
Contracts B completes your studies in the Australian law of contract. In this course you will consider rules
concerning performance, termination and remedies for breach and you will examine a range of factors that may
impact on the enforceability of a contract. One of the themes we explore is the encroachment on freedom of
contract by principles of justice and fair dealing as developed by the courts of equity and latterly, and
increasingly, by Parliaments. You will continue to develop your skills of case reading and analysis and your skills
of statutory interpretation.
1.2
•
•
•
•
2.
12 units
Course content
Vitiating Factors (Misrepresentation and misleading conduct; mistake; unconscionable conduct; duress;
undue influence; illegality and public policy)
Performance and breach
Termination (Breach and frustration)
Remedies (Damages, account of profits, restitution, specific performance and injunctions)
Unit value
Page 2
Course Outline:
3.
LAW204 Contracts B
How does this course contribute to my learning?
Specific Learning Outcomes
On successful completion of
this course you should be able
to:
Analyse facts to identify legal
issues raised by those facts
Explain the correct principle(s)
of law to resolve a factual
problem
Apply skill of legal reasoning
utilising case law and statute
and knowledge of Australian
contract law to resolve
contract disputes based on
real world fact scenarios
Apply skill of fact finding in a
simulated client interview
Apply skill of communicating
complex legal matters in plain
English
Demonstrate the skills of
organisation and timeliness to
complete a problem in a tight
time frame
Assessment Tasks
You will be assessed on the
learning outcome in task/s:
Graduate Qualities
Completing these tasks successfully will
contribute to you becoming:
1, 2 and 3
Empowered.
1, 2 and 3
Knowledgeable.
1, 2 and 3
Empowered.
2
Engaged.
2
Empowered.
1
Empowered.
4.
Am I eligible to enrol in this course?
4.1
Enrolment restrictions
4.2
Pre-requisites
4.3
Co-requisites
4.4
Anti-requisites
4.5
Specific assumed prior knowledge and skills (optional)
Refer to the Coursework Programs and Awards - Academic Policy for definitions of “pre-requisites, co-requisites
and anti-requisites”
This course is available only to students enrolled in a Bachelor of Laws program.
LAW203
LAW102
Nil
Not applicable
Page 3
Course Outline:
5.
5.1
LAW204 Contracts B
How am I going to be assessed?
Grading scale
Standard – High Distinction (HD), Distinction (DN), Credit (CR), Pass (PS), Fail (FL)
5.2
Task
No.
Assessment tasks
Assessment Tasks
Individual
or Group
Weighting
%
20%
What is the
duration /
length?
1000 words
When
should I
submit?
Thursday,
Week 4
1
Contract law
advice
Individual
2
Client interview
and advice
Individual
30%
1500 words
Thursday,
Week 9
3
Open book
examination
Individual
50%
2 hours plus
30 minutes
preparation
time
Central
examination
period
100%
Where
should I
submit it?
In hard copy
to USC Law
School, with
SafeAssign
report
In hard copy
to USC Law
School, with
SafeAssign
report
In exam
venue
Assessment Task 1: Contract law advice
Goal:
The goal of this assignment is to assess your understanding of the interplay between common
law and statute law in an important area of contract law and to mirror real world practice by
requiring you to use your skills of legal reasoning to provide an advice in a short-time frame
(one-week).
Product:
Written legal advice
Format:
This is an individual assessment of 1000 words
Criteria
Demonstrates a capacity to resolve legal issues; applies principles derived from case law and
statute to provide appropriate legal advice.
Generic skill assessed
Skill assessment level
Problem solving
Developing
Organisation
Developing
Assessment Task 2: Client interview and advice
Goal:
Product:
Format:
The goal of this assignment is for you to interview your lecturer who will act as a simulated
client in order to find out the facts you need to provide legal advice to that client and for you
to write that advice in plain English so that your client understands the advice.
A letter to client; accompanied by referenced notes.
This is an individual assignment, in total not more than 1500 words comprising a two A4 page
letter and notes for the marker to explain the basis for your advice. The interview will be done
in small groups of 2-3. Further information will be provided on Blackboard.
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Course Outline:
LAW204 Contracts B
Criteria
Elicits sufficient ‘facts’ from ‘client’ to be able to identify legal problem and provide advice;
provides advice that is appropriate to facts/issues raised; capacity to explain complex legal
issue in plain English; grammar and spelling are accurate.
Generic skill assessed
Skill assessment level
Communication
Developing
Problem solving
Developing
Assessment Task 3: Open book examination
Goal:
The goal of the examination is to assess your understanding of the rules of contract in relation
to performance, breach and remedies and to assess your capacity to apply that understanding
to new fact scenarios
Product:
Answers to problems in the form of legal advice
Format:
This is an individual assessment. Students will have two hours plus 30 minutes preparation
time to complete the assessment. Students may use any materials to construct an answer to
two unseen legal problems drawn from any part of the course.
Criteria
Correct identification of legal issues, statute and case law appropriate to resolve issues; able
to organise an answer that demonstrates the skill of legal analysis.
Generic skill assessed
Skill assessment level
Problem solving
Developing
Organisation
Developing
5.3
Additional assessment requirements
Safe Assign
In order to minimise incidents of plagiarism and collusion, this course may require that some of its assessment
tasks are submitted electronically via Safe Assign. This software allows for text comparisons to be made
between your submitted assessment item and all other work that Safe Assign has access to. If required, details
of how to submit via Safe Assign will be provided on the Blackboard site of the course.
Eligibility for Supplementary Assessment
Your eligibility for supplementary assessment in a course is dependent of the following conditions applying:
a) The final mark is in the percentage range 47% to 49.4%
b) The course is graded using the Standard Grading scale
c) You have not failed an assessment task in the course due to academic misconduct
5.4
Submission penalties
Late submission of assessment tasks will be penalised at the following maximum rate:
• 5% (of the assessment task’s identified value) per day for the first two days from the date identified as
the due date for the assessment task.
• 10% (of the assessment task’s identified value) for the third day
• 20% (of the assessment task’s identified value) for the fourth day and subsequent days up to and
including seven days from the date identified as the due date for the assessment task.
• A result of zero is awarded for an assessment task submitted after seven days from the date identified
as the due date for the assessment task.
Weekdays and weekends are included in the calculation of days late. To request an extension you must contact
your course coordinator to negotiate an outcome.
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Course Outline:
LAW204 Contracts B
6. How is the course offered?
6.1
Directed study hours
6.2
Teaching semester/session(s) offered
On campus lecture: 2 hours per week
On campus tutorial: 1 hour per week from Week 2
Semester 2
6.3
Course activities
Teaching
Week /
Module
What key concepts/content will I
learn?
What activities will I engage in to learn the
concepts/content?
Directed Study
Independent Study
Activities
Activities
Lecture
WCBD and Casebook
Ch 13
1
Misleading Conduct and
Misrepresentation
2
Lecture and tutorial
3
Misleading Conduct and
Misrepresentation
Mistake and Non est factum
4
Duress and Undue Influence
Lecture and tutorial
5
Unconscionability and Third Parties
Lecture and tutorial
6
Lecture and tutorial
7
Statutory Unconscionability and Unfair
Terms
Illegality and Public Policy
8
Performance and Breach
Lecture and tutorial
9
10
Termination for Breach or Repudiation Lecture and tutorial
or Agreement
Mid Semester Break
Termination by Frustration
Lecture and tutorial
11
Remedies - Damages
12
Lecture and tutorial
Lecture and tutorial
Lecture and tutorial
Remedies - Specific Performance,
Lecture and tutorial
Restitution and Injunction
13
Revision and Examination Preparation
Lecture and tutorial
Study Period
Central Examination Period
End of Semester Break
Please note that the course activities may be subject to variation.
WCBD and Casebook
Ch 13
WCBD and Casebook
Ch 14
WCBD and Casebook
Ch 15 and 16
WCBD and Casebook
Ch 17
WCBD and Casebook
Ch 17
WCBD and Casebook
Ch 18
WCBD and Casebook
Ch 19
WCBD and Casebook
Ch 20 and 21
WCBD and Casebook
Ch 22
WCBD and Casebook
Ch 23
WCBD and Casebook
Ch 24 and 25
Details on Blackboard
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Course Outline:
LAW204 Contracts B
7. What resources do I need to undertake this course?
7.1
Prescribed text(s)
Please note that you need to have regular access to the resource(s) listed below:
Author
Year
Title
Publisher
Willmott, Christensen,
Butler, Dixon [WCBD]
Willmott, Christensen,
Butler, Dixon [Casebook]
2013
Contract Law
Oxford University Press
2013
Contract Law Casebook
Oxford University Press
7.2
Required and recommended readings
7.3
Specific requirements
7.4
Risk management
8.
How can I obtain help with my studies?
Lists of required and recommended readings may be found for this course on its Blackboard site. These
materials/readings will assist you in preparing for tutorials and assignments, and will provide further
information regarding particular aspects of your course.
Nil
There is minimal health and safety risk in this course. It is your responsibility to familiarise yourself with the
Health and Safety policies and procedures applicable within campus areas.
In the first instance you should contact your tutor, then the Course Coordinator. Student Life and Learning
provides additional assistance to all students through Peer Advisors and Academic Skills Advisors. You can drop
in or book an appointment. To book: Tel: +61 7 5430 1226 or Email: StudentLifeandLearning@usc.edu.au
9. Links to relevant University policies and procedures
For more information on Academic Learning & Teaching categories including:
• Assessment: Courses and Coursework Programs
• Review of Assessment and Final Grades
• Supplementary Assessment
• Administration of Central Examinations
• Deferred Examinations
• Student Academic Misconduct
• Students with a Disability
http://www.usc.edu.au/university/governance-and-executive/policies-and-procedures#academic-learning-andteaching
10. Faculty/School specific information
General enquiries and student support
USC Law School
Tel: +61 7 5456 5591
Fax: +61 7 5456 3406
Email: law@usc.edu.au
Assignment Cover Sheets
The USC assignment cover sheet can be found on the USC Portal (Blackboard) at: USC Law School (Students) >
Forms. It must be completed in full identifying student name, assignment title, tutor and tutorial time. This
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Course Outline:
LAW204 Contracts B
must be attached securely to the front of each assessment item prior to submission. Claims of loss of
assignments will not be considered unless supported by a receipt.
Hard Copy Submission to USC Law School
There is a USC Law School Assignment Submission box in the foyer on the ground floor of J building, in front of
the USC Law School. Please note that the foyer is under 24-hour CCTV surveillance.
SafeAssign Submission
If your course requests SafeAssign submission, there will be an electronic assessment submission area on
Blackboard under “Assessment”. You will need to agree to the “Submission Declaration” before you are able to
see the submission area.