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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.

LAW5113 Advanced Civil Obligations A (Contract and Torts)

Semester 1, 2019 Online
Short Description: Advanced Civil Obligations A
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: Noeleen McNamara

Requisites

Pre-requisite or Co-requisite: (LAW5111 and LAW5112) or LAW5501

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 Juris Doctor and is mandated by the Legal Practitioners Admissions Board, Queensland, being a prescribed area of legal knowledge for legal practice.

Synopsis

LAW5113 (Part A) (weeks 1 to 6 of semester 1) concerns aspects of the law of contract which 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 knowledge of the legal requirements for contract formation; the capacity of parties to enter into in to contracts; and the required content of a legally enforceable contract.

LAW5113 (Part B) (weeks 7 to 12 of semester 1) concerns aspects of the law of tort which sets the standards of behaviour between members of society. Students will gain an understanding of the circumstances in which an action for the tort of negligence may lie, the elements of the cause of action, the remedies available and possible defences to the action.

Objectives

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
  2. apply general policies underlying the law of negligence in Australia in order to evaluate those laws, in particular for the topics considered in this course
  3. demonstrate academic and professional literacy 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
  4. explain the legal principles relevant to the topics considered in this course
  5. apply such legal principles to given fact situations in order to determine the likely outcome to issues raised
  6. demonstrate satisfactory written communication skills.

Topics

Description Weighting(%)
1. Introduction to the law of contract (Part A) 5.00
2. Formation of contract (Part A) 20.00
3. Parties to the contract including privity of contract (Part A) 10.00
4. Contents and interpretation of contracts (Part A) 15.00
5. Introduction to the law of torts (Part B) 5.00
6. Negligence standard of care, duty of care and damage (Part B) 20.00
7. Contributory negligence, voluntary assumption of risk (Part B) 15.00
8. Statutory provisions affecting actions for negligence (Part B). 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=01&subject1=LAW5113)

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.
(Part A.)
Gooley, J, Radan, P & Vickovich, I 2017, Principles of Australian contract law, 4th edn, LexisNexis Butterworths, Chatswood, New South Wales.
(Part A.)
Gooley, J, Radan, P & Vickovich, I 2017, Principles of Australian contract law: cases and materials, 4th edn, LexisNexis Butterworths, Chatswood, New South Wales.
(Part A.)
Mann, T (ed.) 2017, Australian law dictionary, 3rd edn, Oxford University Press, South Melbourne, Victoria.
(Part A.)
Sappideen C, Vines, P & Watson, P 2016, Torts: commentary and materials, 12th edn, Thomson Reuters, Pyrmont, New South Wales.
(Part B.)
YOU ARE REQUIRED TO PURCHASE THE HARD COPY OF THESE BOOKS, NOT THE eBOOK, AS AN eBOOK CANNOT BE TAKEN INTO THE EXAMINATION ROOM.

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.
(Part A.)
Luntz H, Hambly, D, Burns, K, Dietrich, J & Foster, N 2017, Torts: cases and commentary, 8th edn, LexisNexis Butterworths, Chatswood, New South Wales.
(Part B.)
Stickley, A & McGlone, F 2016, Australian torts law, 4th edn, LexisNexis Butterworths, Chatswood, New South Wales.
(Part B.)
Willmott, L, Christensen, S & Butler, D 2018, Contract law, 5th edn, Oxford University Press, South Melbourne, Victoria.
(Part A.)
Students will have available to them electronically through the USQ Library various resources and legal databases. Students should contact the USQ School of Law librarian directly if they need assistance to utilise such electronic resources and legal databases.

Student workload expectations

Activity Hours
Directed Study 55.00
Independent Study 110.00

Assessment details

Description Marks out of Wtg (%) Due Date Notes
ONLINE TEST 1 15 15 11 Apr 2019
ONLINE TEST 2 15 15 06 Jun 2019
EXAMINATION 70 70 End S1 (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:
    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:
    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 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 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.