70211 Contracts
Warning: The information on this page is indicative. The subject outline for a
particular semester, location and mode of offering is the authoritative source
of all information about the subject for that offering. Required texts, recommended texts and references in particular are likely to change. Students will be provided with a subject outline once they enrol in the subject.
Subject handbook information prior to 2015 is available in the Archives.
Credit points: 8 cp
Subject level:
Undergraduate and Postgraduate
Result type: Grade and marksRequisite(s): 70120c Legal Method and Research OR 70102 Foundations of Law OR C30022 Jumbunna Unistart
The lower case 'c' after the subject code indicates that the subject is a corequisite. See definitions for details.
These requisites may not apply to students in certain courses. See access conditions.
Description
This subject deals with the legal principles related to binding promises, the issues arising out of their interpretation, performance, and termination. The topics covered include the formation of contracts (agreement, consideration, intention, writing, legality of subject, capacity, privity); content and construction; vitiating factors (mistake, misrepresentation, duress, undue influence, unconscionability); discharge by performance and non-performance of contractual obligations (breach and frustration); and contractual remedies.
Subject objectives
Upon successful completion of this subject students should be able to:
| 1. | Understand and apply the key concepts of the common law of contracts and an overview of the major statutory incursions upon common law contract law. In particular to understand and apply key concepts of contract formation, content (terms), vitiating factors affecting the validity of contracts, performance, breach and remedies for breach. understand also the historical development and theoretical underpinnings of contract law to suit the needs of a changing society. |
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| 2. | Understand also the historical development and theoretical underpinnings of contract law to suit the needs of a changing society. |
| 3. | Think critically about set readings to identify and articulate legal issues in context. |
| 4. | Begin to develop a reasoned and logical argument. |
| 5. | Speak clearly and in an informed manner in class discussion. |
| 6. | Begin to speak logically, succinctly and persuasively using appropriate voice projection and modulation. |
| 7. | Demonstrate active listening skills and respond with appropriately. |
| 8. | Recognise the different roles that they and others take within a group dynamic. |
This subject also contributes specifically to the development of the following graduate attributes:
- Legal Knowledge
A coherent understanding of fundamental areas of legal knowledge including the Australian legal system, social justice, cultural and international contexts and the principles and values of ethical practice. (1.0) - Critical Analysis and Evaluation
A capacity to think critically, strategically and creatively including an ability to identify and articulate legal issues, apply reasoning and research, engage in critical analysis and make reasoned choices. (3.0) - Communication and Collaboration
Effective and appropriate communication skills including highly effective use of the English language, an ability to inform, analyse, report and persuade using an appropriate medium and message and an ability to respond appropriately. (5.0)
Teaching and learning strategies
This subject will be taught and assessed over one semester. There will be two one-and-a-half hour lectures per week (each of which will be repeated) and eight two hour tutorials. While the syllabus follows the national prescription (for law school accreditation purposes), the subject will concentrate on the law of New South Wales. References will be made to other laws where appropriate. The proposed timetable for classes in this subject is included in this outline.
Strategy 1: Lectures providing overall content coverage
Strategy 2: Tutorials combining legal problem solving and case analysis
Strategy 3: Student contribution through preparation for tutorials enabling discussion of relevant materials and contribution to answering the tutorial problems.
Strategy 4: Online resources including case list and lecture materials.
Strategy 5: Provision of resources for self study modes
Courtesy
As a matter of courtesy please ensure that mobile phones are turned off in lectures and seminars and that the use of laptops is limited to university related matters and not for the purpose of visiting chat rooms, surfing the net or the like as this is distracting for other students and the lecturer. DO NOT engage in private chatter during lectures or tutorials – if you wish to talk privately, leave and rejoin the class another day.
Assessments
Students are responsible for familiarising themselves with all requirements relating to assessments and examination. Students also have a responsibility to make themselves available for exams during the official examination period and/or designated examination sessions.
Lecture format
Lectures are for 1.5 hours. Questions are welcome at most times during lectures and any time during the tutorials. In asking questions, please ensure that you speak at an appropriate volume so that all those present can hear your question.
Tutorial format and expectations
Tutorials are two hours in duration. During the tutorials the problem questions found in the Supplementary Materials will be discussed. Up to 22% of your overall assessment depends upon preparation and participation in the tutorials. Details on this assessment are provided in this Subject Outline.
Tutorial attendance is essential for this subject. Tutorials provide guidance on legal problem-solving technique and all assessment tasks in this subject require mastery of this skill.
The use of laptops in seminars is often counter-productive as this encourages note taking and "looking down" at the expense of interaction. Students will be permitted to bring a laptop to the seminars to access reference materials such as lecture notes..
The timetabled activities for this subject can be found on the UTS timetable online (http://timetable.uts.edu.au). Students enrolled in this subject can view their personalised timetable in My Subject Activities online (https://mysubjects.uts.edu.au).
Content
Topic 1: Contract Formation
(a) Agreement - Offer
(b) Agreement- Acceptance
(c) Consideration
(d) Alternate Way to Enforce Promises- Promissory Estoppel
(e) Intention to Create Legal Relations
(f) Certainty / Completeness
(g) Formalities/Requirement of Writing
Topic 2: Parties to the Contract (delivered online due to Easter Monday)
(a) Capacity
(b) Privity / Assignment
Topic 3: Illegal contracts
(a) Illegal and void by common law
(b) Illegal and void by statute
(c) Effects of illegal or void contract
Topic 4: Terms of the Contract
(a) Express Terms
(b) Extrinsic Evidence
(c) Implied Terms
(d) Interpretation/ Construction / Classification
(e) Exclusion Clauses
Topic 5: Matters Affecting Contractual Assent (Vitiating factors)
(a) Misrepresentation/Misleading Conduct
(b) Mistake
(c) Duress
(d) Undue Influence
(e) Unconscionability
Topic 6: Discharge / Termination of Contract
(a) Performance
(b) Agreement
(c) Breach
(d) Frustration
Topic 7: Remedies for Breach of Valid Contracts
(a) Contract Damages
(b) Fixed Sum Recovery
(c) Equitable Relief (inc rescission for defective contracts)
(d) Other Remedies
Assessment
Assessment task 1: Tutorial preparation (Answer plans)
| Intent: | Fifteen per cent of the overall assessment is oral communication. Oral communication will be assessed by observing your participation in discussion in tutorials. To make a meaningful contribution to tutorials, you must be prepared to discuss the problem questions set for the tutorials. Therefore the purpose of this particular assessment is to ensure that you are prepared for the tutorials. This assessment is also useful to ensure that you are actively involved in your own learning. To plan for each tutorial, necessarily you must think about what you have learned from the lectures and text books and apply that to problem questions. By doing this, you will:
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| Objective(s): | This task addresses the following subject learning objectives: 1, 3 and 4 This task contributes specifically to the development of the following graduate attributes: 1.0 and 3.0 |
| Type: | Exercises |
| Groupwork: | Individual |
| Weight: | 7% |
| Length: | Approx 250 words per answer plan submitted – no more than two pages per problem question. |
| Criteria: | Answer plans must contain a certain minimum of information and overall demonstrate a planned response to all problem questions that will be discussed in a tutorial. Information on the formal and minimum requirements of answer plans are available on UTSOnline under the ‘Answer Plan Submission’ tab. |
Assessment task 2: Oral Communication
| Intent: | Fifteen per cent of the overall assessment is oral communication. The purpose of assessing oral communication is to:
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| Objective(s): | This task addresses the following subject learning objectives: 1, 4, 5, 6 and 7 This task contributes specifically to the development of the following graduate attributes: 3.0 and 5.0 |
| Type: | Presentation |
| Groupwork: | Individual |
| Weight: | 15% |
| Criteria: | Your fifteen marks for oral communication will be assessed based upon, in general terms, how regularly you contribute to tutorials and the quality of your contributions to group discussion. Disruptive or rude behaviour will result in loss of marks or a refusal to award any marks at all. Rubrics will be made available on UTSOnline that spell out specifically the criteria against which we will be assessing your oral communication skills. |
Assessment task 3: Online quizzes
| Intent: | The intent of this assessment is to encourage students to undertake formative self-assessment of their progress throughout the semester on their understanding of the principles of contract law. Undertaking the multiple choice tests will:
It is hoped that early identification of problem areas will prompt students to undertake further study to ensure that they properly understand principles before the final exam. |
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| Objective(s): | This task addresses the following subject learning objectives: 1 and 3 This task contributes specifically to the development of the following graduate attributes: 1.0 and 3.0 |
| Type: | Quiz/test |
| Groupwork: | Individual |
| Weight: | 3% |
| Length: |
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| Criteria: | All you need to do is to attempt each quiz in full. You do not have to pass the quiz to obtain the 0.5 mark. When you commence a quiz, there is no time limit by when you have to complete it. You do not have to complete it in one sitting - you can save it and then come back to it later. You will receive immediate feedback when the quiz is completed. You are welcome to re-attempt quizzes as many times as you like. |
Assessment task 4: Written problem-solving assessment
| Intent: | The purposes of the written assessment are to:
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| Objective(s): | This task addresses the following subject learning objectives: 1 and 2 This task contributes specifically to the development of the following graduate attributes: 1.0 and 3.0 |
| Type: | Essay |
| Groupwork: | Individual |
| Weight: | 30% |
| Length: | The word count is a strict 1500 words. There is no 10% leeway. The word count includes any words in the main body of your response, including headings, but does not include:
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| Criteria: | The written assessment will be assessed according to the following criteria (in no particular order):
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Assessment task 5: End of semester examination
| Intent: | The purpose of the end of semester examination is to test:
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| Objective(s): | This task addresses the following subject learning objectives: 1 and 2 This task contributes specifically to the development of the following graduate attributes: 1.0 and 3.0 |
| Type: | Examination |
| Groupwork: | Individual |
| Weight: | 45% |
| Length: | The end of semester exam will be 190 minutes in duration (including 10 minutes of reading time). ie. there will be three hours of writing time plus 10 minutes of reading time. |
| Criteria: | Problem question responses will be assessed according to the following criteria:
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Required texts
- Willmott, Christensen, Butler and Dixon, Contract Law (4th ed, 2013) Oxford University Press
- Butler, Christensen, Dixon and Willmott, Contract Law: Case Book (2nd ed, 2013) Oxford University Press
Recommended texts
The following books are recommended as a useful reference resource:
- Harris and Croese, Contract Law in Context (2015) CCH
- Paterson, Robertson and Heffey, Principles of Contract Law (4th ed 2012) Thomson Reuters
- Carter, Peden and Tolhurst, Contract Law in Australia,(5th ed, 2007) LexisNexis Butterworths.
- Carter, Peden E, and Tolhurst , Cases and Materials on Contract Law in Australia, Sydney, (5th ed, 2007), LexisNexis Butterworths
- Carter, Carter’s Guide to Australian Contract Law (2nd ed, 2011) LexisNexis Butterworths
- Gooley, Radan and Vickovich , Principles of Australian Contract Law Cases and Materials (2007) LexisNexis
- Khoury and Yamouni, Understanding Contract Law (7th ed, 2007) Butterworths
- Graw, An Introduction to the Law of Contract (7th ed 2012) Lawbook Co
- Seddon and Ellinghaus, Cheshire and Fifoots ‘Law of Contract’ (9th ed, 2008) Butterworths.
- Ellinghaus (ed), Australian Cases on Contract, (8th ) Code Press
- Brownsword, Contract Law Themes for the Twenty First Century Second ed 2006 Oxford University Press
- Davis (ed), Contract: General Principles -The Laws of Australia 2006 Thomson Lawbook
- Spencer, Contract Law Pearson Law Briefs,2008 Pearson Education Australia
References
- Krever, Mastering Law Studies and Law Exam Techniques (6th ed, 2006) LexisNexis Butterworths
- Keyzer, Legal Problem Solving. A Guide for Law Students (2nd ed, 2003) Butterworths
- Chesterman and Rhoden, Studying Law at University (2nd ed, 2005) Allen & Unwin
- Enright, Legal Technique (2002) Federation Press.
- Campbell and Fox, Students’ Guide to Legal Writing and Law Exams (2nd ed, 2003) Federation Press
- Holland and Webb, Learning Legal Rules ( 5th ed 2003) Oxford University Press
- Corkery, Starting Law (2nd ed 2002) Scribblers Publishing.
- Crosling and Murphy, How to Study Business Law: Reading,Writing and Exams (3rd ed, 2000) Butterworths.
- Macken C, Law Student Survival Guide: 9 Steps to Law Study Success (2006) Lawbook Co.
- Brogan M & Spencer D, Surviving Law School (2004) Oxford University Press.
Other resources
Reports and Journals:
- Australian Contract Law Reporter, CCH Australia, (2 volume loose –leaf service)
- Journal of Contract Law published by Butterworths.
Useful Web Sites
- UTS Law: www.uts.edu.au/about/faculty-law
- Legislation (NSW): www.legislation.nsw.gov.au
- Legislation (Clth): www.comlaw.gov.au
- Austlii: www.austlii.edu.au
Lecture Recording and Downloading in MP3 format
Personal audio or visual recording of classes for this subject is strictly prohibited unless written approval is sought and given in advance by the Subject Coordinator. Approval for audio or visual recording will usually be limited to medical or hardship reasons, and if approved, must be arranged by the student.
Students may only use the audio or visual recording for private study purposes and permission must be obtained from the Subject Coordinator for any other usage. Given the interactive nature of classes, any student who does not wish to be audio-taped must advise the Subject Coordinator in advance otherwise permission from students is assumed.
Arrangements are in place for lectures to be recorded and uploaded onto UTSOnline. Please note that Contracts staff do not personally upload lectures. Uploading does not occur directly after a lecture. It can take several days for a lecture to be uploaded. For example, a lecture given on Thursday may not appear online until the following Monday.
Please note that no responsibility is taken for the quality or reliability of this recording service and that no Special Consideration applications will be considered in relation to problems experienced by students using this recording service. Students may only use the recordings for private student purposes (and to avoid legal action) permission must be obtained from the Subject Coordinator for any other usage.
