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The current and official versions of the course specifications are available on the web at http://www.usq.edu.au/course/specification/current.
Please consult the web for updates that may occur during the year.

LAW1123 Civil Obligations B (Contract)

Semester 2, 2019 On-campus Springfield
Short Description: Civil Obligations B
Units : 1
Faculty or Section : Faculty of Business, Education, Law and Arts
School or Department : School of Law and Justice
Student contribution band : Band 3
ASCED code : 090900 - Law
Grading basis : Graded

Staffing

Examiner: Lingling He

Requisites

Pre-requisite: LAW1113 or (LAW2201 and LAW2203)

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.

Rationale

This is a core course in the Bachelor of Laws program and is mandated by the Legal Practitioners’ Admission Board, Queensland, being a prescribed area of legal knowledge for legal practice.

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 LAW1113 Civil Obligations A (Contract and Torts). Specifically the aim of this course is to equip students with further knowledge of the law concerning the content of a legally enforceable contract as well as the manner in which contracts are interpreted, vitiating factors, the manner in which contracts may be performed or discharged, the legal remedies available in the event of a breach or non-performance of a contract and aspects of the law regarding contracts for the international sale of goods. Students will also further develop their research skills.

Objectives

On successful completion of this course, students should be able to demonstrate the following outcomes:

  1. knowledge of the fundamental principles of contract law as taught in this course
  2. thinking skills, including the ability to identify and articulate legal issues; comprehend legal and other materials; apply legal reasoning and research to generate appropriate responses to legal issues; engage in critical analysis and make a reasoned choice amongst alternatives; and think creatively in approaching legal issues and generating appropriate responses
  3. communication skills, including introductory-level legal drafting skills.

Topics

Description Weighting(%)
1. Contents and interpretation of contracts 20.00
2. Vitiating factors 20.00
3. Discharge of a contract 25.00
4. Remedies for non-performance of a contract 25.00
5. Contracts for the international sale of goods. 10.00

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://omnia.usq.edu.au/textbooks/?year=2019&sem=02&subject1=LAW1123)

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

Butler, DA 2014, LexisNexis questions and answers - contract law, 5th edn, LexisNexis Butterworths, Chatswood, New South Wales.
Gooley, J, Radan, P & Vickovich, I 2017, Principles of Australian contract law, 4th edn, LexisNexis Butterworths, Chatswood, New South Wales.
Gooley, J, Radan, P & Vickovich, I 2017, Principles of Australian contract law: cases and materials, 4th edn, LexisNexis Butterworths, Chatswood, New South Wales.
Mann, T (ed.) 2017, Australian law dictionary, 3rd edn, Oxford University Press, South Melbourne, Victoria.

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.
Carter, JW 2018, Contract law in Australia, 7th edn, LexisNexis Butterworths, Chatswood, New South Wales.
Willmott, L, Christensen, S & Butler, D 2018, Contract law, 5th edn, Oxford University Press, South Melbourne, Victoria.

Student workload expectations

Activity Hours
Assessments 40.00
Directed Study 50.00
Lectures and Tutorials 40.00
Private Study 35.00

Assessment details

Description Marks out of Wtg (%) Due Date Notes
DRAFTING EXERCISE 20 20 06 Sep 2019
ONLINE TEST 20 20 04 Oct 2019
EXAMINATION 60 60 End S2 (see note 1)

Notes
  1. This will be an open examination. The total working time for the examination is 2 hours. The examination date will be available via UConnect when the official examination timetable has been released.

Important assessment information

  1. Attendance requirements:
    Online: 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.

    On-campus: 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:
    Students should refer to the Assessment Procedure http://policy.usq.edu.au/documents.php?id=14749PL (point 4.2.4)

  4. Requirements for student to be awarded a passing grade in the course:
    To be assured of receiving a passing grade a student must obtain at least 50% of the total weighted marks available for the course (i.e. the Primary Hurdle), and have satisfied the Secondary Hurdle (Supervised), i.e. the end of semester examination by achieving at least 40% of the weighted marks available for that assessment item.

    Supplementary assessment may be offered where a student has undertaken all of the required summative assessment items and has passed the Primary Hurdle but failed to satisfy the Secondary Hurdle (Supervised), or has satisfied the Secondary Hurdle (Supervised) but failed to achieve a passing Final Grade by 5% or less of the total weighted Marks.

    To be awarded a passing grade for a supplementary assessment item (if applicable), a student must achieve at least 50% of the available marks for the supplementary assessment item as per the Assessment Procedure http://policy.usq.edu.au/documents/14749PL (point 4.4.2).

  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 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.