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. The first half of the course focuses on the formation of valid contracts and the content of contracts. The second half of the course focuses on the discharge of contracts, remedies for breach and the invalidation of contracts.

Aims

The aim of this unit is to provide knowledge and understanding in a foundation area of law which will be sufficient to resolve contract law issues as well as to provide a basis for study in other units which involve an application of principles of contract law.

Objectives

On successful completion of this unit you should be able to -
1. Apply the law of contract relating to the formation of contracts, equitable estoppel, privity, formalities and content of contracts to real world problems to demonstrate knowledge and understanding;
2. Recognise and define possible contractual issues and related ethical dilemmas in real world-type problems;
3. Extract and analyse principles from primary and secondary legal sources and apply them to real world-problems requiring advice on the existence of a contract or possible contract related causes of action
4. Present concepts of contract law in plain english, clearly and logically through oral and written communication
5. Evaluate and reflect upon your own performance and development in response to feedback provided in class and to the problem solving exercise to identify gaps in knowledge and develop strategies for improvement;
6. Adapt and apply the capabilities you develop in your other law units to your study of contract law
7. 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 classes.

Content

The unit content is divided into the following areas -
Formation of contracts

• agreement intention, certainty and consideration


• estoppel

Limits to enforcement of contracts

• privity


• formalities

Content of contracts

• establishing the terms of the contract - you will be referred to key Australian cases and legislation governing implied terms and collateral contracts; and


• Construing the terms of the contract

Discharge of contracts

• performance, agreement, frustration, termination

Remedies

• damages, equitable remedies, Restitutionary remedies

Invalidating factors

• misrepresentation


• mistake, duress, undue influence


• unconscionability,


• Illegality

Approaches to Teaching and Learning

The teaching and learning approach in this unit will involve an integrated approach whereby you should work through both the study guide and the prescribed readings before the class so as to maximise your benefit from the time spent together in class. You will also have access to podcasts covering a range of topics included in the content of the unit. There will be weekly two-hour small group sessions throughout the semester. The classes enable discussion of the particular issues that will be focussed on in the course. They also provide an opportunity to obtain feedback and raise questions about the topics under consideration.

Assessment

The assessment in this unit is both formative and summativeYou will have the opportunity to consult with staff on an informal basis about any aspect of the unit during the teaching period. Within the teaching time you will get informal comment on yourunderstanding of particular issues. Following the classes you are encouraged to seek from the co-ordinator assistance on areas of difficulty.

Assessment name: Discussion Forum
Description: Active participation in class discussion during the course of the unit
Relates to objectives: 1-7
Weight: 20%
Internal or external: Internal
Group or individual: Individual
Due date: Continuing

Assessment name: Problem Solving Exercise
Description: A 2,000 word set exercise designed to test the problem solving skills of identification of issues, analysis of facts and relevant law, evaluation of potential options, and communication of the appropriate solution.
Relates to objectives: 1-4, 6
Weight: 20%
Internal or external: Internal
Group or individual: Individual
Due date: Week 5

Assessment name: Examination (theory)
Description: Take home examination of problem solving and theoretical questions to be completed over a time frame of 72 hours.
Relates to objectives: The learning outcomes the assessment relates to 1-6.
Weight: 60%
Internal or external: Internal
Group or individual: Individual
Due date: End of Semester

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, L, Christensen, S, Butler, D, and Dixon, B, Contract Law 3rd ed, Oxford University Press, Melbourne, 2009
Butler, Contract law (Questions and Answers), Butterworths, 2009 (3rd ed)
Butler, Christensen, Dixon and Willmott, Contract Law Case Book, Oxford University Press, 2009
Recommended text
Cusumano, Wiseman and Christensen, Contracts, Butterworths,

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: 11-Mar-2013