LAW2201 Contract A

LAW	2201	75294	1, 2008	ONC	Contract A	1.00	Toowoomba
Subject	Cat-nbr	Class	Term	Mode	Description	Units	Campus

Academic group:	FOBUS
Academic org:	FOB010
Student contribution band:	3
ASCED code:	090900

Staffing
Requisites
Other requisites
Synopsis
Objectives
Topics
Texts
Reference materials
Student workload
Assessment details
Important assessment information
Production date
PDF version

STAFFING

Examiner: Des Taylor
Moderator: Noeleen McNamara

REQUISITES

Pre-requisite or Co-requisite: LAW1201

OTHER REQUISITES

Students are required to have access to a personal computer, e-mail capabilities and Internet access to USQConnect. Current details of computer requirements can be found at http://www.usq.edu.au/business/aboutfob.htm

SYNOPSIS

The law of contract is the basis of all commercial transactions and essential for all facets of professional endeavour. Students will gain a broad theoretical understanding of the basis of the law of contract. Specifically the aim of this course is to equip students with the knowledge of the legal requirements for concluding contracts, the capacity of parties to enter in to contracts and the required content of a legally enforceable contract.

OBJECTIVES

The course objectives define the student learning outcomes for a course. The assessment item/s that may be used to assess student achievement of an objective is/are shown in parentheses after each objective. On successful completion of this course, students should be able to:

1.: apply general policies underlying the law of contract in Australia in order to evaluate those laws, in particular for the topics considered in this course (Assignment, Examination)
2.: locate and analyse primary law materials and secondary materials (as relevant) while critically reviewing an issue in law relevant to the topics considered in this course (Assignment, Examination)
3.: explain the legal principles relevant to the topics considered in this course (Assignment, Examination)
4.: apply such legal principles to given fact situations in order to determine the likely outcome to issues raised (Assignment, Examination)
5.: demonstrate satisfactory communication skills (Assignment, Examination).

TOPICS

	Description	Weighting (%)
1.	Introduction to the law of contract	10.00
2.	Formation of contract	30.00
3.	Parties to the contract including privity and assignment	10.00
4.	Vitiating factors	25.00
5.	Contents and interpretation of contracts	25.00

TEXT and MATERIALS required to be PURCHASED or accessed

ALL textbooks and materials are available for purchase from USQ BOOKSHOP (unless otherwise stated). Orders may be placed via secure internet, free fax 1800642453, phone 07 46312742 (within Australia), or mail. Overseas students should fax +61 7 46311743, or phone +61 7 46312742. For costs, further details, and internet ordering, use the 'Textbook Search' facility at http://bookshop.usq.edu.au click 'Semester', then enter your 'Course Code' (no spaces).

Butt, P (ed) 2004, Concise Australian legal dictionary, 3rd edn, LexisNexis Butterworths, Chatswood, New South Wales.

Carter, JW 2006, Carter's guide to Australian contract law, LexisNexis, Sydney, New South Wales.

Carter, JW, Peden, E & Tolhurst, GJ Cases and materials on contract law in Australia, LexisNexis, Sydney, New South Wales.

REFERENCE MATERIALS

Reference materials are materials that, if accessed by students, may improve their knowledge and understanding of the material in the course and enrich their learning experience.

The following electronic databases are available through the USQ Library Homepage (go to Access All Databases and follow the link to each one): CCH Australian Contract Law (in CCH Electronic Libraries); Journal of Contract Law (in LexisNexis ALL).

Butler, D 2005, Butterworths questions and answers - contract law, 2nd edn, LexisNexis Butterworths, Chatswood, New South Wales.

Carter, JW 2006, Carter's guide to Australian contract law, LexisNexis Butterworths, Chatswood, New South Wales.

Carter, JW, Peden, E & Tolhurst, GJ 2007, Contract law in Australia, 5th edn, LexisNexis Butterworths, Chatswood, New South Wales.

Cusumano, S, Wiseman, L & Christensen, S 2005, Contracts, 3rd edn, LexisNexis Butterworths, Chatswood, New South Wales.

Davis, JLR (ed) 2006, Contract: general principles - the laws of Australia, Thomson Lawbook Co, Pyrmont, New South Wales.

Gooley, J & Radan, P 2006, Principles of Australian contract law, LexisNexis Butterworths, Chatswood, New South Wales.

Graw, S 2005, An introduction to the law of contract, 5th edn, Thomson Lawbook Co, Pyrmont, New South Wales.

Khoury, D & Yamouni, YS 2007, Understanding contract law, 7th edn, LexisNexis Butterworths, Chatswood, New South Wales.

Monahan, G & Carr-Gregg, S 2007, Essential contract law, 3rd edn, Routledge-Cavendish, Abingdon, Oxon, UK.

Wilmott, L, Christensen, S & Butler, D 2005, Contract law, 2nd edn, Oxford University Press, Oxford, UK.

STUDENT WORKLOAD REQUIREMENTS

ACTIVITY	HOURS
Assessments	40.00
Directed Study	50.00
Lectures and Tutorials	39.00
Private Study	36.00

ASSESSMENT DETAILS

Description	Marks out of	Wtg(%)	Due date	Notes
ASSIGNMENT	30.00	30.00	21 Apr 2008
PART A OF 2-HOUR EXAMINATION	30.00	30.00	END S1	(see note 1)
PART B OF 2-HOUR EXAMINATION	40.00	40.00	END S1

NOTES

1.: The examination is scheduled to be held in the end-of-semester examination period. Students will be advised of the official examination date after the timetable has been finalised.

IMPORTANT ASSESSMENT INFORMATION

Attendance requirements:
It is the students' responsibility to attend and participate appropriately in all activities (such as lectures, tutorials, laboratories and practical work) scheduled for them, and to study all material provided to them or required to be accessed by them to maximise their chance of meeting the objectives of the course and to be informed of course-related activities and administration.
Requirements for students to complete each assessment item satisfactorily:
To satisfactorily complete an individual assessment item a student must achieve at least 50% of the marks. (Depending upon the requirements in Statement 4 below, students may not have to satisfactorily complete each assessment item to receive a passing grade in this course.)
Penalties for late submission of required work:
If students submit assignments after the due date without prior approval of the examiner, then a penalty of 5% of the total marks gained by the student for the assignment may apply for each working day late up to ten working days at which time a mark of zero may be recorded.
Requirements for student to be awarded a passing grade in the course:
To be assured of receiving a passing grade a student must achieve at least 50% of the total weighted marks available for the course.
Method used to combine assessment results to attain final grade:
The final grades for students will be assigned on the basis of the aggregate of the weighted marks obtained for each of the summative assessment items in the course.
Examination information:
This is a restricted examination. Students may take any written materials (non-electronic) such as text books, the study book and personal study notes (typed or handwritten) into the examination room. Electronic devices, such as laptops, mobile phones, etc are not permitted.
Examination period when Deferred/Supplementary examinations will be held:
Any Deferred or Supplementary examinations for this course will be held during the next examination period.
University Regulations:
Students should read USQ Regulations 5.1 Definitions, 5.6 Assessment, and 5.10 Student Academic Misconduct for further information and to avoid actions which might contravene university regulations. These regulations can be found at http://www.usq.edu.au/corporateservices/calendar/part5.htm. Students should also read the Faculty of Business Policies and Procedures which can be found at http://www.usq.edu.au/business/aboutfob.htm.

This version produced 28 Aug 2009.