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LAW1113 Contract and Torts A

Semester 2, 2022 Online
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
Grading basis : Graded
Version produced : 29 June 2022

Staffing

Examiner: Katrina Pedersen

Requisites

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

Overview

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).

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.

Course learning outcomes

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

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 2020, Principles of Australian contract law, LexisNexis Butterworths, Chatswood, New South Wales.
(Part A. Latest edition is required.)
Gooley, J, Radan, P & Vickovich, I 2020, 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 2021, Torts: commentary and materials, Thomson Reuters, Pyrmont, New South Wales.
(Part B. Latest edition is required.)

Student workload expectations

To do well in this subject, students are expected to commit approximately 10 hours per week including class contact hours, independent study, and all assessment tasks. If you are undertaking additional activities, which may include placements and residential schools, the weekly workload hours may vary.

Assessment details

Approach Type Description Group
Assessment
Weighting (%) Course learning outcomes
Assignments Written Quiz 1 No 20 1,2
Assignments Written Problem Solving No 20 1,2,3
Assignments Written Quiz 2 No 20 1,2
Examinations Non-invigilated Time limited online examinatn No 40 1,2,3,4
Date printed 29 June 2022