|Semester 2, 2020 Online|
|Short Description:||Land Contracts|
|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 :||090901 - Business and Commercial Law|
|Grading basis :||Graded|
|Version produced :||19 September 2020|
Examiner: Liam Scott
Pre-requisite: (LAW2202 or LAW1123 or LAW5602 or LAW5123) and (LAW3203 or LAW2213 or LAW5703 or LAW5213)
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.
Queensland has a specialised legal system relating to land contracts. Land contracts are an integral part of legal process in Queensland. There is a demonstrated need for those involved in that process to be fully aware of contract law as it applies to land contracts, the impact and legal effect of the adoption of the standard land contract and the differences in law and procedure as apply to the various types of land tenure that exist under the Torrens title system.
The course will provide a comprehensive coverage of the law of land contracts. The course will examine the major elements in a land contract from pre-contract negotiations to post transfer rights and obligations. Students will be expected to draft various clauses applicable to the standard land contract to overcome various problematic situations and know the standard land contract conditions in detail. Easements and other common title encumbrances will be considered. Whilst some emphasis is placed on a residential land transfer, the peculiarities of commercial, rural, strata title land contracts are also considered.
On successful completion of this course, students should be able to:
- locate and analyse primary law materials and secondary materials (as relevant) while examining an issue relevant to land contracts;
- explain the legal principles relevant to a land contract; comprehend fully the integration of contract law, standard form clauses and documents, procedure and the Torrens Tiles System as all apply in a land contract;
- apply such legal principles to given fact situations in order to determine the likely outcome to issues raised; draft short clauses; apply contract conditions to solve a problem scenario;
- display a fundamental knowledge of the essential concepts;
demonstrate satisfactory skills in:
- comprehension of legal and other materials
- analytical and critical thinking, including analysis of law and facts
- logical analysis and reasoning in the presentation of legal and other arguments, including the application of law to factual scenarios in the presentation of solutions to legal issues and problems
- written and oral communication
- legal writing and research
- understanding of local and national perspectives in law and related areas, including indigenous, multicultural and gender perspectives
- legal writing and drafting, including letter writing and other documents.
i. Contract law revision as applicable to land contracts
ii. The conveyance process in Queensland
iii. The standard land contract
iv. Torrens titling
v. Residential land contracts
vi. Commercial, rural and strata title land contracts
vii. Land subdivision contracts
viii. Special clauses, procedures and scenarios
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=2020&sem=02&subject1=LAW3424)
Please contact us for alternative purchase options from USQ Bookshop. (https://omnia.usq.edu.au/info/contact/)
Student workload expectations
|Description||Marks out of||Wtg (%)||Due Date||Notes|
|ASSIGNMENT 1||50||50||26 Oct 2020|
|ASSIGNMENT 2||50||50||26 Oct 2020|
Important assessment information
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.
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:
Students should refer to the Assessment Procedure http://policy.usq.edu.au/documents.php?id=14749PL (point 4.2.4)
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.
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.
There is no examination in this course.
Examination period when Deferred/Supplementary examinations will be held:
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.
Referencing in assignments:
Students studying this course as part of a Bachelor of Laws or Juris Doctor must use the Australian Guide to Legal Citation (AGLC) style. Students who are not enrolled in either of these programs 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.