Units

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Sample subject outline - Semester 1 2013

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

Rationale

Legally binding promises pervade society, from uncomplicated bargains like riding on a bus to complex multi-million dollar transactions. The law of contract provides an understanding of promises which are legally binding, how contractual promises may be characterised and the significance of that characterisation, and how contractual promises may be discharged or invalidated. This is the second of two associated units which examine the law of contract, the focus of this unit being on the discharge of contracts, remedies for breach and the invalidation of contracts. The two units together provide the foundation for several units encountered later in the course.

Aims

The aim of this unit (and the associated unit LWB136 Contracts A) is to provide you with the knowledge and understanding to resolve contract law issues as well as to provide a basis for study in other units in the law degree which involve an application of principles of contract law. Your study in this unit will enable you to practise and develop the foundational legal skills introduced in LWB145 Legal Foundations A.

Objectives

At the completion of this unit you should be able to:

1. apply and analyse the law of contract relating to the discharge of contracts, remedies and vitiation of contracts to real world problems to demonstrate knowledge and understanding;(GC1, GC2)
2. recognise and define possible contractual issues and related ethical dilemmas in real world-type problems;(GC1, GC2, GC6)
3. present concepts of contract law in plain English, clearly and logically through oral and written communication;(GC1, GC3)
4. apply a basic level of knowledge and understanding in negotiation theory and practice when negotiating a contract in a real world context; (GC1, GC2)
5. evaluate and reflect upon your own performance and development in response to feedback provided in tutorials, in the assessment of your multiple choice quiz and the final examination to identify gaps in knowledge and develop strategies for improvement; (GC 4)
6. manage time effectively, prioritising activities to achieve goals and assuming responsibility for learning and working independently by watching the podcasts and undertaking required readings and checkpoint questions prior to relevant tutorials. (GC5)

Graduate Capabilities
Your understanding of the unit content and development of skills will assist you to acquire the following law graduate capabilities:
1. Discipline Knowledge;
2. Problem Solving, Reasoning and Research;
3. Effective Communication;
4. Life Long Learning;
5. Work Independently and Collaboratively;
6. Professional, Social and Ethical Responsibility

Content

The material covered in this unit includes:

Discharge of contracts
1. Performance
2. Agreement
3. Frustration
4. Termination

Remedies
1. Damages
2. Equitable remedies
3. Restitutionary remedies

Invalidating factors
1. Misrepresentation
2. Mistake
3. Duress
4. Undue influence
5. Unconscionability
6. Illegality

Approaches to Teaching and Learning

This unit is a combination of content and skills that will develop your graduate capabilities. The learning and teaching strategy in Contracts B comprises an integrated programme of video podcasts, workbooks, weekly tutorials, occasional one hour large group review lectures and online materials that will enable you to evolve into an independent learner. The programme includes:

Video Podcasts
The "Contracts Vignettes" podcasts are a series of short, on-line multi-media productions designed to provide direction and focus for your study and to explain difficult parts of the course.

Workbooks
The workbook is central to your learning in this unit. One of the aims of the workbook is to assist you in adapting to studying law at university. The workbook guides you through the readings for each week and provides you with activities to assist in your understanding of contract law. It includes summaries of principles and authorities and prescribes work for completion prior to the weekly tutorials since they form the basis for interactive discussion. This work includes series of questions that are graduated in difficulty to aid your learning.

Tutorials
The tutorials will be of two hours duration and are scheduled for weeks 1-13. The tutorials involve a tutor asking pertinent questions relating to the prescribed readings, and answers given to set questions and assessing whether each student, and the group as a whole, have a good understanding of the area.. One tutorial will be devoted to developing your skill in negotiation to a basic level (if you are an external student you will undertake this exercise at the attendance school).

Your learning in tutorials will assist you to understand the unit content by allowing you to relate your previous life experience to contract law, apply the contract law concepts that you have learned to real world scenarios, discuss feedback and seek additional support if required. They will also provide an opportunity to explore the theories and principles you have learned in greater detail, through engaging in discussion with fellow students and your tutor. Tutorials will assist your reflection on your learning (as described in the feedback section below), and your development of basic academic skills, understanding of academic practices and expectations of study time.

For external students, a taped recording of a tutorial will be available each week.

Large Group Review Lectures
Four large group review lectures of maximum one hour duration will be scheduled for the semester. These lectures will be scheduled following the completion of different sections of the unit viz (1) performance frustration and agreement, (2) termination and remedies, (3) misrepresentation, mistake, duress and undue influence and (4) unconscionable conduct, void contracts and illegality. You will be given the opportunity to nominate topics to be covered in these lectures, which remain unclear to you (if any) after completion of the other components of your study i.e. the podcasts, workbooks, readings and tutorials. The purpose of the review lectures will primarily be to provide feedback and respond to your queries in relation to the work undertaken in the preceding section. The structure of each review lecture will be determined primarily by the questions you lodge within the on-line discussion forum. The emphasis throughout these lectures will be on student centred learning rather than delivery of material to a passive audience. Issues to be discussed in each lecture must be placed on the Forum by the prescribed time in the preceding week.The review lectures will only be held if you place questions for discussion on the on-line forum and will last for as long as is necessary to sufficiently address the nominated topics.

Online Materials Online learning and teaching resources which provide feedback on your learning are available via the Blackboard site for this unit. In particular, the online suite of modules called The OO Files enables you can self test your understanding and progress at your convenience and at your own pace.

Skills
As part of the Law School's graduate capabilities programme, you will undertake training in the skill of negotiation in this unit. This training will be undertaken through the use of the Air Gondwana computer program in the unit LWB136 Contracts A and this unit. This program is designed to provide you with a basic level of understanding of the theory and practice of negotiation. Pursuant to the graduate capabilities programme, this skill will be developed to higher levels in units in later years of your study. In this unit, the Air Gondwana modules involve a refresher module which tests your recall of the principles and understanding you acquired and practised in Contracts A, a face-to-face role play and a tutorial problem examining the interface between the skill and Contract Law.

Compulsory External Attendance school
If you are an external student you are required in this unit to attend the mid-semester external weekend school on dates to be advised by the Law School. At the session scheduled for Contracts B you will normally:
1. undertake the Air Gondwana Module 5 face-to-face role play
2. discuss questions from the tutorial program as assigned in advance (there will be no recording of the internal class which addresses these questions).

If for some reason you are unable to attend the External School you should contact the Law School Office to discover whether you have grounds for exemption.

Assessment

In this unit you will be graded on a scale of one to seven.

Overview of Assessment:

Internal Students:
Summative assessment will be based on your discussion in tutorials, an online multiple choice quiz, negotiation exercises based on the Air Gondwana program and an end of semester open book examination.

External Students:
Summative assessment will be based on a problem solving task an online multiple choice quiz, negotiation exercises based on the Air Gondwana program and an end of semester open book examination.

Faculty Assessment Information
To access the Law Faculty Assessment Information see the Blackboard site for this unit.Feedback on the development of your understanding of contract law examined in this unit and the skills taught is provided through:

• Comments from your tutor and discussion within the group during the face-to-face tutorials (internal students);


• External school (external students);


• The Questions and Answers book, written by a member of the teaching team, which provides sample questions of a type encountered in exams, and feedback in the form of sample answers, examiner's comments and common errors to avoid. In this way you can gain feedback not only on your knowledge and understanding of contract law principles but also your problem solving methodology.


• undertaking The OO Files on-line tutorials, accessed via the unit website. The modules in this program may be attempted at any time at your convenience.


• In relation to your knowledge and understanding of negotiation theory and practice, the on-line feedback for the questions in Air Gondwana Module 4 against which you will be able to compare your answers and reflect on your progress.


• 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.


• Any examples of completed assessment items from previous years available on the unit Blackboard site.

You should reflect upon the feedback (both your individual and any generic feedback) for the purpose of identifying:
1. any gaps in your knowledge and understanding of the principles of contract law covered in the unit or negotiation theory and practice;
2. any inadequacies in your problem-solving methodology;
3. strategies to improve your problem-solving, written communication and negotiation skills; and
4. 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.

Assessment name: Discussion Forum(tutorials)
Description: Internal students will be assessed on their preparation for, participation in and contribution to discussions, analysis, problem solving and skills exercises in tutorials throughout the semester. We will assess your knowledge and understanding of the law concerning discharge of contracts, remedies and vitiation, your ability to apply the law to real life problems, your demonstrated preparation, and your communication skills.
Relates to objectives: 1-3 and 5-6
Weight: 15%
Internal or external: Internal
Group or individual: Individual
Due date: Weeks 2-13

Assessment name: External Exercise
Description: This exercise requires you to submit a written answer to a specified question based on an area of the law of contract that you have studied by this time. This exercise will assess your understanding of the law of contract, your problem solving skills and your ability to apply the law to real life problems and to communicate effectively in written form.

Word limit:1,500 words
Relates to objectives: 1-3 and 5-6.
Weight: 15%
Internal or external: External
Group or individual: Individual
Due date: Week 9

Assessment name: Negotiation exercises
Description: These negotiation exercises are designed to assess your knowledge and understanding of the principles of negotiation as they apply in a real world setting. The exercises require you to:
1. Attempt all questions in Module 4 of Air Gondwana and submit your completion code for Module 4 as instructed
2. Undertake the face-to-face role play in Module 5 of Air Gondwana and submit a written "heads of agreement"

Module 4: by end of week 4(5%)
Module 5: week 5 (internals) attendance school (externals)(10%)
Relates to objectives: 4
Weight: 15%
Internal or external: Both
Group or individual: Individual
Due date: See Description

Assessment name: Multi Choice Quiz
Description: The on-line multiple choice quiz will assess your knowledge and understanding of the contract law covered in the unit to date. It is accessed via the unit website. The questions will be a mixture of theory-based, short problems similar to those in The OO Files and questions testing your understanding of the prescribed cases.
Relates to objectives: 1-2 and 5-6.
Weight: 15%
Internal or external: Both
Group or individual: Individual
Due date: Week 7

Assessment name: Examination
Description: The end of semester examination is open book. The examination will be two hours working time and 30 minutes perusal time. There will be three questions of which you will be required to answer two. The first question will be compulsory. All material covered in the unit (including the material on ethics covered in tutorials but not that in the Air Gondwana program) is examinable. The end of semester examination will be weighted according to whether you undertook the multiple choice examination and whether your result for that examination increases your overall mark. The exam will assess your knowledge and understanding of the contract law covered in the unit and your problem solving skills.
Relates to objectives: 1-3 and 5-6
Weight: 55%
Internal or external: Both
Group or individual: Individual
Due date: Central Exam Period

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 Text

Willmott, Christensen, Butler and Dixon, Contract Law, Oxford University Press, Sydney: 3rd ed, 2009.
Willmott, Christensen, Butler and Dixon, Contract Law Case Book, Oxford University Press, Sydney: 2009.
Butler, Butterworths Questions and Answers: Contract Law,LexisNexis Butterworths, Sydney: 3rd ed 2009.

Recommended Reference Material

Carter, Peden and Tolhurst, Contract Law in Australia (Butterworths, Sydney: 5th ed, 2007).
Carter, Peden and Tolhurst, Cases and Materials on Contract Law in Australia (Butterworths, Sydney: 5th ed, 2007).
Cheshire and Fifoot, Law of Contract (Butterworths, Sydney: 9th Australian ed, 2007).
Greig and Davis, The Law of Contract, (plus supplements),(LBC, Sydney: 1987) (plus supplements),.


Blackboard site
Online resources for this unit are available on the unit 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: 10-Oct-2012