LAW2202 Contract B

Subject Cat-nbr Class Term Mode Description Units Campus
LAW 2202 79333 2, 2008 ONC Contract B 1.00 Springfield

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


Contents



STAFFING

Examiner: Des Taylor
Moderator: Noeleen McNamara



REQUISITES

Pre-requisite: LAW2201



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

This course continues to expand the knowledge of the vital area of contract law. This course will build upon the understanding of the principles of the law of contract gained in Contract A. Specifically the aim of this course is to equip students with the knowledge of the manner in which contracts are interpreted, the manner in which contracts may be performed or discharged and the legal remedies available in the event of a the breach or non performance of a 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. Vitiating factors
25.00
2. Performance and discharge of a contract
20.00
3. Remedies for non-performance of a contract
25.00
4. Statutory regulation of contracts (Sale of Goods Act, Trade Practices Act, Fair Trading Act and other legislation)
30.00


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).

LEGISLATION: Trade Practices Act, 1974 (Cth); Fair Trading Act,1989 (Qld); Sale of Goods Act, 1898 (Qld) - latest editions are required. Legislation can be purchased through the commercial publishers, or the Government Printer, or downloaded from <http://www.legislation.qld.gov.au> or <http:///www.austlii.edu.au>.

LAW2202 study package available from the USQ Bookshop.

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

Carter, JW, Peden, E, Tolhurst, GJ 2007, Cases and materials on contract law in Australia, 5th edn, LexisNexis Butterworths, Chatswood, 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.

CCH Electronic Libraries [electronic database]: Australian Contract Law - accessible via USQ Library Database Services at <http://www.usq.edu.au/library/eservices/ezp_cch.htm>.

LexisNexis AU: Journal of Contract Law [electronic database] - accessible via USQ Library Database Services at <http://www.usq.edu.au/library/eservices/ezp_lexis_nexis.htm>.

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

Graw, S 2004, An introduction to the law of contract, 5th edn, Lawbook Co, Pyrmont, New South Wales.




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 12 Sep 2008  
PART A OF 2-HOUR EXAMINATION 30.00 30.00 END S2 (see note 1)
PART B OF 2-HOUR EXAMINATION 40.00 40.00 END S2  
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

  1. 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.
  2. 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.)
  3. 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.
  4. 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.
  5. 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.
  6. 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.
  7. 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.
  8. 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.