|Semester 2, 2021 Online|
|Short Description:||Advanced Contract and Torts A|
|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|
Examiner: Noeleen McNamara
Pre-requisite or Co-requisite: LAW5111 and LAW5112
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.
This is a core course in the Juris Doctor 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).
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 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 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.
On successful completion of this course, students should be able to:
- Demonstrate [explain and apply] an advanced and integrated understanding of a complex 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)
- Identify and articulate complex legal issues [relevant to torts and contracts]; [comprehend legal and other materials]; apply legal reasoning to generate appropriate jurisprudential and practical responses to legal issues, and engage in critical analysis and make reasoned and appropriate choices amongst alternatives (PO3/TLO3).
- Communicate in ways that are effective, appropriate and persuasive for legal and non-legal audiences (PO5/TLO5).
- 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).
|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
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=02&subject1=LAW5113)
Please contact us for alternative purchase options from USQ Bookshop. (https://omnia.usq.edu.au/info/contact/)
(Part A, Latest edition required.)
(Part A Latest edition required.)
(Part A Latest edition required.)
(Part A Latest edition required.)
(Part B. Latest edition is required.)
Student Workload Expectations
|Description||Marks out of||Wtg (%)||Due Date||Objectives Assessed||Notes|
|MULTIPLE CHOICE QUIZ 1||20||20||12 Aug 2021||1,2|
|ONLINE TEST||20||20||02 Sep 2021||1,2,3||(see note 1)|
|MULTIPLE CHOICE QUIZ 2||20||20||14 Oct 2021||1,2|
|ONLINE EXAMINATION||40||40||End S2||1,2,3,4||(see note 2)|
- Problem Solving assessment.
- 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
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.
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 for that item.
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.
An Online Examination is one in which candidates may have access to any printed or written material.
Examination period when Deferred/Supplementary examinations will be held:
Deferred and Supplementary examinations will be held in accordance with the Assessment Procedure https://policy.usq.edu.au/documents/14749PL.
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.