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

LAW1113 Contract and Torts A

Semester 1, 2021 Online
Short Description: Contract and Torts 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 4
ASCED code : 090999 - Law not elsewhere classified
Grading basis : Graded

Staffing

Examiner: Lynda Crowley-Cyr

Requisites

Pre-requisite or Co-requisite: BEDU (Legal Studies) and BSED Students - LAW1111; all other Students - LAW1111 and LAW1112

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. [Together with Torts B and Contracts B], it is approved by the Legal Practitioners Admissions Board (Qld) and Chief Justice of Queensland as meeting the torts and contracts areas of knowledge under the Supreme Court (Admission) Rules 2004 (Qld) and therefore deals with elements of contracts (specifically: formation, including capacity, formalities, privity, consideration and content and construction of contracts) and of torts (specifically: negligence, including defences; damages; concurrent liability and compensation schemes).

Synopsis

LAW1113 (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 contracts; and the required content of a legally enforceable contract.

LAW1113 (Part B) (weeks 7 to 12 of semester 1) concerns aspects of the law of torts 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, and statutory-based compensation schemes.

Objectives

On successful completion of this course, students should be able to:

  1. Demonstrate an understanding [explain and apply] of a coherent body of knowledge relevant to contract and torts and underlying principles and concepts; the broader contexts within which legal issues arise [in this area]; and the principles and values of justice and of ethical practice in lawyers’ roles [professional negligence] (PO1/TLO1)
  2. Identify and articulate legal issues [relevant to torts and contracts]; [comprehend legal and other materials]; apply legal reasoning to generate appropriate responses to legal issues, and engage in critical analysis and make a reasoned choice amongst alternatives (PO3/TLO3).
  3. Communicate in ways that are effective, appropriate and persuasive for legal and non-legal audiences (PO5/TLO5).
  4. Identify applicable legislation, apply general principles of statutory interpretation, apply and make appropriate use of authorised aids to statutory interpretation, and deploy appropriate techniques in the course of solving interpretative problems [including problems raising special interpretative issues, and give a reasoned opinion as to the appropriate meaning of a legislative provision and as to the correct application of the provision to a given set of facts] (PO7).

Topics

Description Weighting(%)
1. Formation, including capacity, formalities, privity and consideration [Admission Rules 3(1)] 35.00
2. Content and construction of contract [Admission Rules 3(2)] 15.00
3. Negligence, including defences [Admission Rules 2(10)] 30.00
4. Damages [Admission Rules 2(12)] 5.00
5. Concurrent liability [Admission Rules 2(13) 5.00
6. Compensation schemes [Admission Rules 2(14) 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=2021&sem=01&subject1=LAW1113)

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

Butler, DA 2018, LexisNexis questions and answers - contract law, 6th edn, LexisNexis Butterworths, Chatswood, New South Wales.
(Part A. Latest edition is required.)
Gooley, J, Radan, P & Vickovich, I 2018, Principles of Australian contract law, 4th edn, LexisNexis Butterworths, Chatswood, New South Wales.
(Part A. Latest edition is required.)
Gooley, J, Radan, P & Vickovich, I 2018, Principles of Australian contract law: cases and materials, 4th edn, LexisNexis Butterworths, Chatswood, New South Wales.
(Part A. Latest edition of required.)
Mann, T (ed.) 2017, Australian law dictionary, 3rd edn, Oxford University Press, South Melbourne, Victoria.
(Part A. Latest edition is required.)
Sappideen, C, Vines, P & Watson, P 2016, Torts: commentary and materials, 12th edn, Thomson Reuters, Pyrmont, New South Wales.
(Part B. Latest edition is required.)

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 the reference materials 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 Objectives Assessed Notes
MULTIPLE CHOICE QUIZ 1 20 20 25 Mar 2021 1,2
ONLINE TEST 20 20 29 Apr 2021 1,2,3 (see note 1)
MULTI CHOICE QUIZ 2 20 20 27 May 2021 1,2
OPEN EXAM - ONLINE 40 40 End S1 1,2,3,4 (see note 2)

Notes
  1. Problem Solving assessment.
  2. This will be an online exam. Students will be provided further instruction regarding the exam by their course examiner via StudyDesk. The examination date will be available via UConnect when the Alternate Assessment Schedule 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:
    Due to COVID-19 the requirements for S1 2021 are: To satisfactorily complete an individual assessment item a student must achieve at least 50% of the marks for that item.

    Requirements after S1, 2021:
    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:
    Due to COVID-19 the requirements for S1 2021 are: To be assured of receiving a passing grade a student must achieve at least 50% of the total weighted marks available for the course.

    Requirements after S1, 2021:
    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:
    Due to COVID-19 the requirements for S1 2021 are: An Open Examination is one in which candidates may have access to any printed or written material and a calculator during the examination.

    Requirements after S1, 2021:
    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:
    Normally Deferred and Supplementary Examinations are held in the next Examination period. In S1 2021 selected courses will pilot an early Deferred and Supplementary Examination period held within 30 business days of results release. The list of courses involved can be found at https://cmsauth.usq.edu.au/current-students/academic/exams/supplementary-and-deferred-assessment.

  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.

Date printed 18 June 2021