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LAW5602 Advanced Contract B

Semester 2, 2012 External Toowoomba
Units : 1
Faculty or Section : Faculty of Business and Law
School or Department : School of Law
Version produced : 30 December 2013

Contents on this page

Staffing

Examiner: Noeleen McNamara
Moderator: Des Taylor

Requisites

Pre-requisite: LAW5601

Other requisites

Students are required to have access to a personal computer, e-mail capabilities and Internet access to UConnect. Current details of computer requirements can be found at http://www.usq.edu.au/current-students/support/computing/hardware.

Synopsis

This course continues to expand the students' knowledge of contract law. This course will build upon the understanding of the principles of the law of contract gained in LAW5601 Advanced Contract A. Specifically the aim of this course is to equip students with further contract law knowledge, in particular that concerning statutory vitiating factors, the manner in which contracts may be performed and discharged, the legal remedies available in the event of a breach or non-performance of a contract, other aspects of the impact of various statutes on contracts, and contracts for the international sale of goods. Students will also further develop their research skills.

Objectives

On completion of this course students will be able to:

  1. apply the general principles underlying the law of contract in Australia in order to evaluate the laws, in particular for the topics considered in this course
  2. demonstrate academic and professional literary skills and ethical research and enquiry skills by locating and analysing primary law materials and secondary materials (as relevant) while critically reviewing an issue in law relevant to the topics considered in this course
  3. explain the legal principles relevant to the topics considered in this course
  4. apply such legal principles to given fact situations in order to determine the likely outcome to issues raised
  5. demonstrate satisfactory written communication skills
  6. demonstrate problem-solving skills appropriate to contract law by completing case-based law questions.

Topics

Description Weighting(%)
1. Statutory vitiating factors 25.00
2. Discharge of contracts 25.00
3. Remedies for non-performance of a contract 25.00
4. Other aspects of the statutory regulation of contracts (domestic and international) 25.00

Text and materials required to be purchased or accessed

ALL textbooks and materials available to be purchased can be sourced from USQ's Online Bookshop (unless otherwise stated). (https://bookshop.usq.edu.au/bookweb/subject.cgi?year=2012&sem=02&subject1=LAW5602)

Please contact us for alternative purchase options from USQ Bookshop. (https://bookshop.usq.edu.au/contact/)

  • Butt, P & Hamer, D (eds.) 2010, Concise Australian legal dictionary, 4th edn, LexisNexis Butterworths, Chatswood, New South Wales.
  • Radan, P & Gooley, J 2010, Principles of Australian contract law, 2nd edn, LexisNexis Butterworths, Chatswood, New South Wales.
  • Radan, P, Gooley, J & Vickovich, I 2010, Principles of Australian contract law: cases and materials, 2nd edn, LexisNexis Butterworths, Chatswood, New South Wales.
  • Students have available to them: Journal of Contract Law (in LexisNexis AU database) and Carter on Contract (in LexisNexis AU database).
  • The following electronic resource is available through the USQ Library Homepage and students will be expected to utilise same during the semester: Trade Practices, Consumer & Contract Law Library, including the Australian Contract Law Commentary (in CCH IntelliConnect database).

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.
  • Butler, D 2009, Contract law: Butterworths questions and answers, 3rd edn, LexisNexis Butterworths, Sydney, New South Wales.
  • Carter, JW 2011, Carter's guide to Australian contract law, 2nd edn, LexisNexis Butterworths, 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.
  • Willmott, L, Christensen, S & Butler, D 2009, Contract law, 3rd edn, Oxford University Press, South Melbourne, Victoria.

Student workload requirements

Activity Hours
Assessments 45.00
Directed Study 50.00
Private Study 80.00

Assessment details

Description Marks out of Wtg (%) Due Date Notes
TUTORIAL PROBLEM EXERCISES 0 0 30 Jul 2012
ONLINE TEST 1 10 10 16 Aug 2012
ONLINE TEST 2 20 20 11 Oct 2012
DRAFTING EXERCISE 10 10 18 Oct 2012
EXAMINATION - PART A 20 20 End S2 (see note 1)
EXAMINATION - PART B 40 40 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 for Examination (Parts A and B) after the timetable has been finalised. The total working time for Examination (Parts A and B) is 2 hours.

Important assessment information

  1. Attendance requirements:
    If you are an international student in Australia, you are advised to attend all classes at your campus. For all other students, there are no attendance requirements for this course. However, it is the students' responsibility 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:
    The following only applies in those years when assignments are a part of the course assessment - 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 will be an open examination. Candidates may have access to any printed or written material and a calculator during the examination.

  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 Student Policies:
    Students should read the USQ policies: Definitions, Assessment and Student Academic Misconduct to avoid actions which might contravene University policies and practices. These policies can be found at http://policy.usq.edu.au.

Assessment notes

  1. Referencing in assignments: Students studying this course as part of a Juris Doctor must use the Australian Guide to Legal Citation (AGLC) style. Students who are not enrolled in the Juris Doctor may use either Harvard (AGPS) or the Australian Guide to Legal Citation (AGLC) in their assignments to format details of the information sources they have cited in their work. For AGLC style guide enquiries, consult the AGLC manual from the USQ Library's referencing guide at http://www.usq.edu.au/library/referencing, or contact the Law librarian. The Harvard (AGPS) style to be used is defined by the USQ Library's referencing guide at http://www.usq.edu.au/library/referencing.

Other requirements

  1. Computer, e-mail and Internet access: Students are required to have access to a personal computer, e-mail capabilities and Internet access to UConnect. Current details of computer requirements can be found at http://www.usq.edu.au/current-students/support/computing/hardware.