Units

---

Sample subject outline - Semester 2 2012

Note: Subject outlines often change before the semester begins. Below is a sample outline.

Rationale

A real estate transaction is one of the most common contracts a lawyer deals with in practice and provides the ideal vehicle for an analysis of the interaction of the principles of contract, torts, equity and property law. This unit brings the theoretical perspectives gained by you in earlier years of the LLB to an examination of a standard land sale contract and develops the skills of problem solving, legal analysis, drafting and written communication in the context of the legal principles and practice of conveyancing in Queensland.
While the unit is not essential for admission as a lawyer it provides an excellent platform for the development of real world skills such as contract interpretation, legal writing and communication and statutory interpretation. The unit builds upon foundational knowledge you have gained in your study of property and contract law.

Aims

The aim of the unit is to provide you with an understanding of the operation of principles of contract law, real property and equity in the context of a typical land transaction.

Objectives

At the completion of this unit you should be able to:
1. apply the principles of contract, property, equity and statutory interpretation to a land transaction to analyse and solve real world problems; (GC1, GC2)
2. research, critically analyse, evaluate and synthesise primary and secondary sources and law reform reports in order to propose solutions to problems relating to real estate transactions; (GC2)
3. effectively communicate concepts and solutions to real world problems, either orally or in writing, having regard to the audience; (GC1, GC3)
4. evaluate the role of persons ancillary to the transactions such as real estate agents and solicitors and reflect on the legal and ethical implications of their conduct within a real estate transaction; and (GC1, GC6)
5. adapt and apply the capabilities you develop in your other law units to your study of the law of real estate law to develop life-long learning, self reliance and skills relevant to professional practice (GC4, GC7)

Understanding of this content and the attainment of these skills will develop the following Law Graduate Capabilities:
1. Discipline Knowledge
2. Problem Solving, Reasoning and Research
3. Effective Communication
4. Life Long Learning
6. Professional, Social and Ethical Responsibility; and
7. Characteristics of Self-Reliance and Leadership.

Content

The subject matter covered in the unit includes:
1. Solicitor's retainer and role
2. Search and disclosure prior to contract
3. Formation of contract and deposit
4. Role of Real estate agents
5. Instalment sales
6. Special conditions
7. Subject matter of sale and risk
8. Possession
9. Time of the essence
10. Completion
11. Remedies

Approaches to Teaching and Learning

Throughout this unit teaching and learning strategies comprising workshops and on-line podcasts will be utilised to achieve the unit learning outcomes. An on-line discussion forum will also be available to allow you to interact with other students and the lecturer.

Workshops
The unit will be taught in weekly two hour workshop sessions starting in week 1 and ending in week 13. Internal students will be required to register for one of the available sessions prior to week 1 of the semester via the Tutorial Allocation system. Students will be required to remain in that allocated group for the semester. The workshops will provide an opportunity for you to interact with the material, discuss your problem solving approaches with your peers and receive guidance from the lecturer. During these workshops sessions you will consider a variety of case studies aimed at improving your understanding of the material and your problem solving a legal analysis skills. During the workshop sessions you will be expected to engage in analysis of the elements of real estate transactions, practice and receive feedback in relation to problem solving strategies.
The workshops will be streamed for external students through the unit's Blackboard site.

Podcasts
A detailed explanation of each topic relevant to the workshops will be provided on-line for all students.

On-line Materials - QUT Blackboard Site
Online learning and teaching resources which provide feedback on student learning are available via the Blackboard site for this unit. You will have access to a range of materials, information will be provided by the lecturers to you through the site and you will be able to interact with your peers through the on-line forum for the unit.

External Attendance School
There will be no External Attendance School for this unit.

Assessment

In this unit there is both formative assessment (to receive feedback on your learning) and summative assessment (to receive feedback and a mark).Feedback on the development of your understanding of real estate transactions law examined in this unit and the skills taught is provided through:

• The face-to-face tutorials (internal students);


• Discussion forums (external students);


• The mid semester online quiz;


• Exercises undertaken in tutorials (internal students);


• The individual written feedback on your external assignment (external students);


• The individual written feedback on your assignment (all students);


• The generic feedback on the assignment placed on the unit's Blackboard site;


• The generic feedback on the examination placed on the unit's Blackboard site; and


• The option of private consultation with a member of the teaching team during student consultation.

You should reflect upon the feedback on your assessment in this unit (both your individual and generic feedback as provided on Blackboard) for the purpose of identifying:

• gaps in your knowledge and understanding of the legal principles;


• inadequacies in your problem solving methodology;


• strategies to improve your problem solving, oral and written communication skills in further assessment; and


• areas for improvement for future studies within the LLB.

You should record your work, the feedback and your reflection, noting your strategies for improvement, in your Student ePortfolio. This links with learning outcome 6.

Assessment name: Discussion Forum
Description: In the workshop sessions we will assess your contribution to and participation in weekly discussions. You will need to demonstrate your understanding and ability to analyse the elements of a transaction involving real property, your ability to identify and use problem solving strategies and your ability to effectively communicate solutions to problems.
Relates to objectives: 1-6.
Weight: 10%
Internal or external: Internal
Group or individual: Individual
Due date: Weekly

Assessment name: Problem Solving Task
Description: The exercise will assess your problem solving skills, communication skills and legal analysis skills in the context of a sale of land. The word limit will be 1500 words.
Relates to objectives: 1-6.
Weight: 10%
Internal or external: External
Group or individual: Individual
Due date: Week 6

Assessment name: Assignment
Description: The assignment is designed to assess your understanding of how the relevant statutes, and the legal principles from the cases are applied to an interpretation of the contract in the context of giving advice to a party to the contract in a setting where disputes have arisen between the parties which may threaten the enforceability of the contract. The task will be presented in a series of correspondence between the parties lawyers, the contractual documentation and relevant diary notes between made by the respective parties' lawyers evidencing telephone discussions and notes taken in conference with the respective clients . The word limit is 3,500 words.
Relates to objectives: 1, 2, 4, 5 & 6.
Weight: 40%
Internal or external: Both
Group or individual: Individual
Due date: Week 9

Assessment name: Take Home Exam
Description: There will be a compulsory end of semester exam. The exam will be take-home. All topics of the unit may be examinable. The word limit will be 3000 words.
Due Date:You will receive the exam on the Friday of swot vac and will be required to submit it by the following Monday. Date to be provided in week 1.
Relates to objectives: 1-6.
Weight: 50%
Internal or external: Both
Group or individual: Individual
Due date: See Description

Academic Honesty

QUT is committed to maintaining high academic standards to protect the value of its qualifications. To assist you in assuring the academic integrity of your assessment you are encouraged to make use of the support materials and services available to help you consider and check your assessment items. Important information about the university's approach to academic integrity of assessment is on your unit Blackboard site.

A breach of academic integrity is regarded as Student Misconduct and can lead to the imposition of penalties.

Resource materials

Prescribed Materials

1. SA Christensen, W Dixon, WD Duncan & SE Jones, Land Contracts in Queensland, 3rd ed, Federation Press, 2011.
2. Prescribed Statutes, (See Study Guide for further details)
3. Real Estate Transactions Study Guide

Recommended References

1. WD Duncan, Real Estate Agency Law in Queensland, 4th ed, Law Book Co, 2006.
2. WD Duncan and RJ Vann, Property Law & Practice Queensland, Lawbook Co (looseleaf). (This service can be accessed electronically through the Law Book Company online service available in the QUT Library databases).
3. PJ Butt, The Standard Contract for Sale of Land in New South Wales, 2nd ed, LBC Information Services, 1998.
4. Queensland Conveyancing Law & Practice, CCH (looseleaf) (This service can be accessed electronically through the CCH online service available in the QUT Library databases).
5. SA Christensen, Conveyancing Manual Queensland, Lawbook Co, (looseleaf) (This service can be accessed electronically through the Law Book Company online service available in the QUT Library databases).

Blackboard Site
Online resources for this unit are available on the uni blackboard site.

Risk assessment statement

There are no out of the ordinary risks associated with this unit.

Disclaimer - Offer of some units is subject to viability, and information in these Unit Outlines is subject to change prior to commencement of semester.

Last modified: 18-May-2012