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 2018 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.
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 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 also provides an introduction to the equitable enforcement of promises (promissory estoppel). Remedies for breach of contract are covered in 71116 Remedies.
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. |
|---|---|
| 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. |
| 4. | 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 which reflect the course intended learning outcomes:
- 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. Students must do their own reading to fill out the detail of matters covered in the lectures.
Lecture slides will be provided before each lecture (where ever possible) to provide a roadmap of what will be covered.
Lectures are recorded and will be available on UTSOnline.
Each lecture is provided during the day and then repeated in the evening. Consult the UTS Timetable Builder to see when these are scheduled.
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.
You must do your readings. Reliance on the lectures alone will not be sufficient to pass this subject. 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
- Practice quizzes (UTSOnline) - The practice online quizzes also allow you to receive feedback on your understanding of the subject as the semester progresses. 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:
- Evaluate your response your Seminar papers;
- 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.
Each seminar will be devoted to answering questions on the material covered in your readings and the lecture content. As listed in your 'Lecture and Seminar Schedule' additional reading is required for the seminars.
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.
Students who fail the subject with a final mark of 45-49 may be offered a supplementary exam, subject to the student having demonstrated to the Subject Coordinator, sustained and bona fide engagement with the subject and assessments.
Other important information concerning this Subject
This subject outline is to be read in conjunction with other information that can be found on UTSOnline.
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.
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 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.
Assessement Information
Word counts
The word count includes any words in the main body of your response, including headings, but does not include:
- Footnotes that contain references only (long substantive footnotes will be counted)
- Student details (name, student no, page nos)
Penalty for lateness
Two marks per day that the submission is late. The penalty is incurred as soon as submission is late, not 24 hours after the due date and time. For example, a paper submitted 1 minute late on the date that the paper is due will immediately incur the late penalty.
Requests for extensions
Given the nature of assessment item 1 extentions will not be granted for this item unless under highly unusual circumstances.
Requests for extensions must be made using the Faculty’s Request for an Extension Form.
Any requests for extensions must be accompanied by evidence of work done on the assessment to date. Requests received in the week before the assessment is due with no evidence of prior work will be rejected.
The following are not adequate grounds for an extension:
- Assessment in other subjects being due at the same time.
- Work commitments.
Submission
The assignment must be submitted via Turnitin on UTSOnline in a form acceptable to Turnitin (see above).
There is no need to submit a hard copy.
Online submissions must be accompanied by a UTS:Law Assignment Cover Sheet for Online Submission. This cover sheet should be page one of your assignment. Refer to UTSOnline for more information.
Proof of submission
When you submit a document successfully on UTSOnline, you will be provided a receipt. You can access this receipt by clicking on your submission in Turnitin and downloading a copy. That receipt will also be emailed to your student email address. Only this receipt will be accepted as proof of submission.
It is your responsibility to check to see whether you receive the digital receipt.
Content (topics)
Please refer to the subject lecure and seminar schedule for more details on the topics covered and the schedule of teaching.
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. Privity
b. Capacity
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
g. Non est factum
Topic 6: Discharge / Termination of contract
a. Breach and repudiation
b. Performance / Actions for payment
c. Agreement
d. Frustration
Assessment
Assessment task 1: Seminar papers
| Intent: | In doing this task you will:
|
|---|---|
| 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: | 30% |
| Length: | 750 words each seminar paper. |
| Criteria: | Seminar papers overall must demonstrate a planned and thoughtful response to the question, and must contain minimum information, being:
|
Assessment task 2: Take home exam/assignment
| Intent: | In doing this task you will extend the skills you have been practicing in your seminar papers and further prepare for the final exam. |
|---|---|
| Objective(s): | This task addresses the following subject learning objectives: 1, 2, 3 and 4 This task contributes specifically to the development of the following graduate attributes: 1.0, 3.0 and 5.0 |
| Weight: | 20% |
| Length: | 1,500 words. |
| Criteria: |
|
Assessment task 3: 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. |
|---|---|
| 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: | 50% |
| Length: | 2 Hours |
| Criteria: |
|
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)
- 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
- Harris and Croese, Contract Law in Australia, (2015) CCH
- 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.
