70211 Contracts
Warning: The information on this page is indicative. The subject outline for a
particular session, 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 2017 is available in the Archives.
Credit points: 8 cp
Result type: Grade and marks
Requisite(s): 70120c Legal Method and Research OR 70102 Foundations of Law
The lower case 'c' after the subject code indicates that the subject is a corequisite. See definitions for details.
Description
This subject deals with the legal principles related to binding promises and 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 and unconscionable conduct); and discharge by performance and non-performance of contractual obligations (breach and frustration). This subject will also provide an introduction to the equitable enforcement of promises (promissory estoppel) and legal remedies for breach (damages).
Subject learning objectives (SLOs)
Upon successful completion of this subject students should be able to:
| 1. | Understand the key principles of the law of contract. |
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| 2. | Critically analyse fact scenarios to identify contractual issues. |
| 3. | Apply principles of contract law to fact scenarios and evaluate the likely legal outcomes in order to advise a party of their contractual rights. |
| 5. | Apply legal problem solving skills to produce a clear, rational, coherent and professional written response to a contract law question using appropriate legal authority and citation. |
Course intended learning outcomes (CILOs)
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 using a combination of lectures, seminars and self-study modes. The assessments are designed to help students attain the subject objectives and graduate attributes. While the syllabus follows the national prescription (for law school accreditation purposes), the subject will concentrate on the law of New South Wales.
Strategy 1: Lectures
Lectures will provide context, guidance and topic orientation to your study. They do not exhaustively cover every aspect of contract law, but rather are a supplement to your independent preparation. It is expected that students will also do their own reading to fill out the detail of matters covered in the lectures.
Lecture slides will be provided before each lecture to provide a roadmap of what will be covered.
There are twelve two-hour lectures during the semester. In the first teaching week there are two lectures. For the remaining teaching weeks of the semester there is only one lecture a week. Each lecture is provided during the day and then repeated in the evening. Consult the UTS Timetable Builder to see when these are scheduled.
Questions may be welcome during lectures. However, if a lecturer is pressed for time s/he may decline to take questions. In asking questions, please ensure that you speak at an appropriate volume so that all those present can hear your question.
Strategy 2: Independent preparation
Readings are set to:
- prepare you for lectures and seminars
- provide detail on legal principles covered in lectures
- encourage independent learning skills; and
- provide insight into appropriate form, language, expression and legal citation for formal legal writing.
It is essential that you do your readings as reliance on the lectures alone will not be sufficient. The readings for this subject, along with a lot of other valuable information such as materials for the seminars, can be found on UTSOnline.
Strategy 3: Independent self-assessment tools
- Seminar Answer plans - Apart from ensuring that you are prepared for seminars, the Answer Plans provide an opportunity for ongoing self-assessment to test your knowledge and practice your legal problem solving skills. Feedback will provided at the relevant seminar allowing you to assess your understanding and identify areas that require improvement.
- Participation tracking chart (Seminars) - In seminars, students will also be provided with a chart with which they will be able to track their own contributions to class discussion in seminars. At the end of each seminar, seminar leaders will ask students to rate on their charts how they think that they went in terms of contributing to discussion. It is hoped that this reflective exercise will encourage students to be more active in contributing to seminars.
- Practice quizzes (UTSOnline) - The practice online quizzes also allow you to receive feedback on your understanding of the subject as the semester progresses. As each quiz becomes available, you will be able to quickly assess your understanding of the legal principles by attempting them. You will receive immediate feedback to allow you to improve.
Strategy 4: Online discussion boards
Online discussion boards are provided on UTSOnline to connect you with all the other students and the academics in the subject. Here you will be able to ask questions and receive feedback on subject content, beyond the allotted contact hours provided by the lectures and seminars.
Strategy 5: Seminars
Seminars are two hours in duration. Seminars are where you can:
- Assess whether your response your Answer Plan is correct;
- Test your knowledge of contract law and identify areas that need improvement;
- Practise your problem solving skills, including critical analysis and evaluation;
- Receive feedback on your progress in a group setting from your seminar leader and peers.
Seminars are broken down into two parts: Part A and Part B
Seminars: Part A: Discussing legal concepts (50 mins)
Part A of six seminars will further explore the law of contract by way of group discussion of principles and sub-topics that are connected and additional to the main principles and topics covered in lecture. It is important to note that the principles discussed in seminars are assessable.
The discussion in Part A of the seminar will be generated by way of questions published in the Lecture and Seminar Materials (‘Part A questions’) that will be explored by the seminar and the students together. The seminar is not another lecture. Students must prepare for the seminars by doing the reading prescribed and thinking about the Part A questions. An incentive for preparation is that you will understand the discussion and also that valuable contributions during discussion of the Part A questions will be noted and count towards your final participation mark (See: Assessment Task 2).
Note that in some weeks where new content is not covered in a seminar, the seminar will consist of two large Part B problem questions that will be answered collaboratively.
Seminars: Part B: Collaborative problem-solving (50 mins)
Part B of each seminar will be devoted to answering one large problem question collaboratively. The problem question will be typical of a question given in an exam (see Assessment Task 4) or the written problem solving assessment (see Assessment Task 3). Students must prepare an Answer Plan (see Assessment Task 1) to the question. Time permitting, students will be broken up into groups of about five people and be given 10 mins to discuss the question as a group. After the small group discussion period the seminar leader will work through the question with the entire class. Students will be invited to make contributions to the solution. Seminar leaders will take note of people who make a good contribution to class discussions (see Assessment Task 2).
Students will be permitted to bring a laptop to the seminars to access reference materials such as lecture notes and Answer Plans. However, it is not useful to take down every word that is spoken in seminars as this distracts students from making contributions and reduces your opportunities to participate.
Note: Seminars are not recorded.
Strategy 6: Feedback
Feedback is vital to learning. Feedback is provided throughout the subject to enable you to learn the substantive principles and technical skills necessary to be a lawyer able to advise on contractual issues.
Feedback is provided on a weekly basis in seminars. As noted above, in seminars you can engage in a discussion with your seminar leader and peers to see if you properly understand and can apply the principles of contract law to a factual scenario. To ensure that you get the most out of this feedback, you must be properly prepared for the seminars: you will not know the questions you need to ask unless you have thought about the law, this subject and the assessments.
Feedback is also available online by attempting the practice quizzes and utilising the online discussion forums.
Feedback will also be provided when you undertake formal assessment. Often this will take the form of individualized feedback as well as general observations from the academics on how the group as a whole is performing, or the provision of good examples of student work.
There are also some opportunities to re-attempt assessment, subject to certain conditions: Students who have attempted and failed the written problem solving assessment will be given the opportunity to resubmit. See Assessment Task 3 for further details. Students who fail the subject with a final mark of 45-49 will be able to sit a supplementary exam.
Other important information concerning this Subject
This subject outline is to be read in conjunction with the following information that can be found on UTSOnline:
- Material located in the Subject Documents folder;
- Additional information on assessments and documents relating to assessments that are found in the relevant assessment folder;
- UTS:LAW Student Guidebook (Subject Information folder);
- Any announcements made during semester
Expectations
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 subject related matters. Using social media in class is distracting for students and staff.
DO NOT engage in private chatter during lectures or seminars – if you wish to talk privately, leave and rejoin the class another day. Disruptive behaviour will impact your particiation mark.
Assessment - Students are responsible for familiarising themselves with, and acting, upon 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. If away, you must seek check your status as soon as possible - failure to act in a timely fashion may disqualify a student from attempting that part of the assessment.
Content (topics)
Topic 1: Contract formation
a. Agreement - Offer
b. Agreement- Acceptance
c. Consideration
d. Introduction to promissory estoppel
e. Intention to Create Legal Relations
f. Certainty / Completeness
Topic 2: Parties to the contract
a. Capacity
b. Privity
Topic 3: Terms of the contract
a. Express Terms
b. Extrinsic Evidence
c. Implied Terms
d. Interpretation/ Construction / Classification
e. Exclusion clauses
Topic 4: Enforceability
a. Formalities/Part Performance
b. Statutory illegality
c. Common Law illegality/public policy
d. Consequences of illegality
Topic 5: Proper consent
a. Misrepresentation (innocent/fraudulent)
b. Duress
c. Undue influence
d. Unconscionable conduct
e. Third party impropriety
f. Rescission
Topic 6: Discharge / Termination of contract
a. Performance
b. Breach & repudiation
c. Agreement
d. Frustration
Topic 7: Introduction to damages (not assessable)
Assessment
Assessment task 1: Seminar preparation (Answer plans)
| Intent: | The capacity to evaluate a set of facts and solve legal problems is essential to being an effective lawyer. In doing this task you will deepen your understanding of the principles and be able to contribute meaningfully to seminars, and develop a professional skill necessary to practice law and pass the written problem-solving assessment and the final exam. |
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| Objective(s): | This task addresses the following subject learning objectives: 1, 2 and 3 This task contributes specifically to the development of the following graduate attributes: 1.0 and 3.0 |
| Weight: | 6% |
| Length: | Maximum of:
Do not write an essay, write a plan! |
| Criteria: | Answer plans overall must demonstrate a planned and thoughtful response to the problem question, and must contain minimum information, being:
Important: Marks can be lost for not properly addressing the question or submitting a plan that does not contain the minimum information required. See below and on UTSOnline for more comprehensive details. |
Assessment task 2: Seminar participation
| Intent: | Oral communication is an essential part of being a lawyer. The common law system of adversarial litigation rests upon oral advocacy. Solicitors must be able to explain complex principles of law and provide advice in a way that is understood by clients who are not trained in the law. This assessment will develop and assess your communication skills in a seminar setting and build your confidence in speaking before other people. Additionally, as material covered in seminars is assessable in the final exam, it is also important that you engage with the subject by preparing for seminars and taking part. |
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| Objective(s): | This task addresses the following subject learning objectives: 1, 2 and 3 This task contributes specifically to the development of the following graduate attributes: 1.0 and 3.0 |
| Weight: | 15% |
| Criteria: |
Disruptive or rude behaviour will result in loss of marks or a refusal to award any marks at all. |
Assessment task 3: Written problem-solving assessment
| Intent: | Written communication skills are essential to the practice of law. Whether making written submissions to a court or providing a written advice for a client, lawyers must be able to clearly and logically communicate in written form. When making formal submissions in litigation, lawyers must be able to properly cite legal authority to support their arguments. This assessment will test your legal knowledge, develop your written communication skills with particular reference to legal citation, and develop your problem solving skills. |
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| Objective(s): | This task addresses the following subject learning objectives: 1, 2, 3 and 5 This task contributes specifically to the development of the following graduate attributes: 1.0, 3.0 and 5.0 |
| Weight: | 30% |
| Length: | No more than 1,200 words. There is NO 5% leeway in excess. Any words after 1,200 words will not be read. Substantially less than the prescribed length may be indicative of a lack of analysis or a failure to address all the live issues. |
| Criteria: |
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Assessment task 4: End of semester examination
| Intent: | The final examination is the culmination of the subject where you demonstrate your mastery of it. The purpose of the end of semester examination is to test your legal knowledge of contract law, problem-solving and written communication skills. |
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| Objective(s): | This task addresses the following subject learning objectives: 1, 2 and 3 This task contributes specifically to the development of the following graduate attributes: 1.0 and 3.0 |
| Weight: | 49% |
| Length: | 45 minute (Online quiz) and 2 hours (Formal centrally-conducted exam). |
| Criteria: | Final online quiz
Formal written examination
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Required texts
- Paterson, Robertson and Duke, Principles of Contract Law (5th ed, 2016) Thomson Reuters
Recommended texts
The following books are recommended as a useful reference resource:
- Paterson, Robertson, Duke, Contract Cases and Materials (13th ed, 2016) Thomson Reuters (NOTE: this can be bought in a bundled pack with the essential text at a discounted price)
- Harris and Croese, Contract Law in Context (2015) CCH
- Carter, Contract Law in Australia,(6th ed, 2012) LexisNexis
- Carter, Cases and Materials on Contract Law in Australia,(6th ed, 2012) LexisNexis
- Carter, Carter’s Guide to Australian Contract Law (2nd ed, 2011) LexisNexis
- Graw, An Introduction to the Law of Contract (7th ed 2012) Lawbook Co
- Seddon and Ellinghaus, Cheshire and Fifoots Law of Contract’(2012 ed, 2012) LexisNexis
Other resources
Reports and Journals:
- Australian Contract Law Reporter, CCH Australia.
- Journal of Contract Law, LexisNexis.
Useful Web Sites
- 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
UTS lecture recordings - Arrangements are in place for lectures to be recorded and uploaded onto UTSOnline. 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.
No responsibility is taken for the quality or reliability of this recording service and no Special Consideration applications will be considered in relation to problems experienced by students using this recording service.
Seminars - Seminars are not recorded. If you cannot attend your usual seminar, attend an alternative one that week. Consult the UTS Timetable Planner to find out when other seminars are held.
Private recordings - 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.
