Course Title: Analyse and apply law of contract

Part B: Course Detail

Teaching Period: Term1 2016

Course Code: LAW5716

Course Title: Analyse and apply law of contract

School: 650T Vocational Business Education

Campus: City Campus

Program: C6141 - Advanced Diploma of Legal Practice

Course Contact: Robert Sheen

Course Contact Phone: +61 3 9925 5759

Course Contact Email: robert.sheen@rmit.edu.au


Name and Contact Details of All Other Relevant Staff

Nominal Hours: 50

Regardless of the mode of delivery, represent a guide to the relative teaching time and student effort required to successfully achieve a particular competency/module. This may include not only scheduled classes or workplace visits but also the amount of effort required to undertake, evaluate and complete all assessment requirements, including any non-classroom activities.

Pre-requisites and Co-requisites

None

Course Description

This unit describes the skills and knowledge required to apply a detailed knowledge of contract law in order to support the work of a legal office, practice or associated context.

This unit supports the work of personnel engaged in the operation of a legal office or associated fields within public and/or corporate sectors. A practitioner would typically provide specialised knowledge of contract law principles across a range of social, domestic and commercial contexts.


National Codes, Titles, Elements and Performance Criteria

National Element Code & Title:

VU21633 Analyse and apply law of contract

Element:

1. Identify the key features of contract law

Performance Criteria:

1.1 Research and define the nature and meaning of a contract
1.2 Compare and contrast deeds/contracts under seal and simple deeds/contracts
1.3 Analyse the relationship between common law and legislation in contract, including reference to the Australian Consumer Law (in Schedule 2 to the Competition and Consumer Act, 2010 (C’th)
1.4 Identify and apply the regulation of the form of contracts across a range of contracts
1.5 Specify and evaluate the impact of legislation upon contract law across a range of contracts

Element:

10. Apply discharge of contracts

Performance Criteria:

10.1 Specify the procedures of discharge of contracts and apply across a range of contracts
10.2 Assess the consequences for the contractual parties of discharge of contract/s across a range of circumstances

Element:

11. Apply remedies to breach of contract

Performance Criteria:

11.1 Determine remedies available when a contract is breached
11.2 Examine the nature and limitations of the remedies and evaluate for application across a range of breaches of contract

Element:

2. Apply the rules governing the requirement that the parties to a contract should reach an agreement comprised of offer and acceptance

Performance Criteria:

2.1 Define the terms offer and acceptance
2.2 Explain and apply details pertaining to the rules governing offer
2.3 Describe the rules governing acceptance and assess for application to practice
2.4 Distinguish between the terms of revocation, rejection and lapse of offer and evaluate for application to practice
2.5 Evaluate the principles of revocation, rejection and lapse of offer

Element:

3. Analyse the old presumptions and assess current rules relevant to the requirement that parties have an intention to create legal relations

Performance Criteria:

3.1 Assess the application of the objective test to be bound to enter legal relations and assess with reference to types of agreements and exceptions to the general rule
3.2 Scrutinise the application of the old presumption concerning commercial agreements and assess with reference to types of agreements and exceptions to the general rule
3.3 Apply procedures for determining the objectivity of the intention by parties to enter legal relations and binding agreement/s

Element:

4. Identify and apply the rules which govern the requirement that consideration must be present in simple contracts

Performance Criteria:

4.1 Define the legal principles governing consideration in relation to formal contracts
4.2 Identify the rules governing consideration and apply across a range of simple contracts
4.3 Define and apply the term promissory estoppel and its principal characteristics

Element:

5. Identify and apply terms of contract

Performance Criteria:

5.1 Explain terms of a contract
5.2 Research, define and discuss the significance of the distinction between representation and terms
5.3 Identify and describe the relevant factors in determination of representations and terms
5.4 Identify and describe the nature, elements and effects of collateral contracts
5.5 Research, assess and discuss the significance of the categories of express terms; implied terms, and exclusion clauses

Element:

6. Analyse and apply legal principles relating to the position of persons who lack contractual capacity to enter into contracts

Performance Criteria:

6.1 Analyse, for application to practice, the legal position of minors entering contracts
6.2 Identify and compare other categories of persons lacking full contractual capacity, such as: mental state, drunkenness and bankruptcy
6.3 Research, assess and compare the rights and liabilities of persons who enter into a contract with those who lack contractual capacity

Element:

7. Assess the meaning and effects of consensual problems of contracts

Performance Criteria:

7.1 Define the term consensual problems and discuss the distinctions between mistakes, misrepresentation, duress, undue influence and unconscionability
7.2 Determine the nature, categories and consequences of mistake and the effects of mistake, including common mistake, mutual mistake and unilateral mistake, and assess for application across a range of contexts
7.3 Outline and describe the nature, categories and consequences of misrepresentation and the effect of legislation and assess for application across a range of contexts
7.4 Define the nature, categories and consequences of duress, undue influence and unconscionability, and the effect of legislation, and assess for application across a range of contexts

Element:

8. Determine the circumstances where a contract may be illegal or void and assess the consequences

Performance Criteria:

8.1 Identify the circumstances where a contract may be illegal or void are and describe the consequences
8.2 Identify the principles of contracts illegal by statute, including contracts illegal as formed and contracts illegal as performed, and describe the consequences
8.3 Identify and describe the nature, categories and consequences of contracts illegal at common law
8.4 Define the nature and consequences of contracts void and/or prohibited under common law and statute, with specific reference to void contracts, contracts in restraint of trade and unjust consumer credit contracts, and assess for application across a range of contexts

Element:

9. Apply legal principles relating to privity of contract and assignment of contract

Performance Criteria:

9.1 Define the legal principles relating to privity of contract and assignment of contract
9.2 Identify and describe the nature, parameters and consequences of the doctrine of privity of contract
9.3 Research and specify exceptions of privity of contract
9.4 Determine and apply the correct procedure relating to assignment of contractual rights and obligations, including assignment by the parties and assignment by the operation of the law


Learning Outcomes



 


Details of Learning Activities

A range of learning activities are planned for this course including self-paced and collaborative classroom-based activities.

The self-paced activities will be delivered through various technology platforms and may include your contribution to wikis and discussion threads, reflective journals, quizzes and interactive sessions.

The collaborative classroom-based activities will include group discussions, group problem-solving activities and opportunities to practice your skills in a simulated/real workplace environment.

We expect you to participate and contribute in all scheduled learning activities.
 


Teaching Schedule

Induction Session

Prior to training commencement a program level induction session will be conducted that comprises the following:

  • Program overview and requirements
  • MyRMIT/Blackboard
  • Overview of assessment requirements
  • Pre-Training Review including:
    • Recognition of Prior Learning and Credit Transfers
    • Assessment of current skills and knowledge
  • Competency/Grading Criteria
  • Plagiarism
  • Appeals
  • Extensions
  • Feedback
  • Privacy
  • Submission requirements
  • Resubmission policy
  • Where to get support
  • Student responsibilities 

 The Teaching Schedule for this course is as follows. (Please note that this schedule is subject to change)

     Week Week CommencingTopics                                                             Assessment   
108/02/16 Introduction & Introduction, the nature of contracts 
2150/2/16 The nature of Contracts, Offer Assessment Task 2- Essay Distributed - 30%
322/02/16Offer Acceptance Assessment Task 1 Reflections - 30% (part 1) to be handed out
429/02/16 Acceptance, Intention and consideration 
507/03/16 Capacity & Privity Assessment Task 2 - Essay plan due
614/03/16 Contracting electronically Assessment Task 1 Reflections (part 1) due
7a21/03/16 Terms of a contract - Exempting liability 
 24/03/16 - 30/03/2016 ***Mid-Semester Break*** (No scheduled classes) 
7b31/03 -01/04/2016Self directed learning 
804/04/16 Exempting liability, mistake, misrepresentation 
911/04/16 Misrepresentation Duress Assessment Task 1 - Reflections (Part 2) handed out
1018/04/16 Undue influence and unconscionability 
1125/04/16 Illegality Assessment Task 2 - Essay assignment due
1202/05/16 Discharge of a contract 
1309/05/16 Remedies Assessment Task 1 - Reflections (Part 2) due
1416/05/16 Revision 
1523/05/16 Final test (40 Marks) Open book 2 hours plus reading time Assessment Task 3 - Final Test (40%) Open book 2 hours
1630/05/16 Resits 

The nominal hours associated with this course are a guide only and represent the total teaching time and student effort required to successfully complete the course. This may include not only scheduled classes but also the amount of effort required to undertake, evaluate and complete all assessment requirements, including any non-classroom activities.


Learning Resources

Prescribed Texts

An Introduction to the Law of Contract, S. Graw Eight Edition, Thomson Law Book co.


References


Other Resources


Overview of Assessment

Critical aspects for assessment and evidence required to demonstrate competency in this unit

In order to demonstrate competency in this unit, you must provide evidence of:

• knowledge of the application of specific aspects of law of contract, for example: the legal positions of persons who lack contractual capacity; the appropriate application of remedy for a breach of contract, or, the application of the rules governing consideration
• knowledge of the nature, principles and elements of law of contract including the rights and liabilities of persons who enter into contract
• the application of law of contract across a range of contract contexts

Context for assessment

Assessment must ensure:

• activities are related to a legal practice context
• activities are related to laws, regulations and procedures currently operating across the jurisdictions relevant to this qualification

You are advised that you are likely to be asked to personally demonstrate your assessment work to your teacher to ensure that the relevant competency standards are being met.

Feedback

Feedback will be provided throughout the semester in class and/or online discussions. You are encouraged to ask and answer questions during class time and online sessions so that you can obtain feedback on your understanding of the concepts and issues being discussed.

You should take note of all feedback received and use this information to improve your learning effectiveness and final performance in the course.

Finally, you can email or arrange an appointment with your teacher to gain more feedback on your progress.
 


Assessment Tasks

 

Assessment:

Assessment in this course will take three (3) forms:
Participation / reflection [due weeks 6 (Part 1) & 13(Part 2)]  (Weighting - 30%)  
Written assignment [due week 11]                                          (Weighting - 30%)  
Final test [open book – week 16]                                             (Weighting - 40%)
                                                                                
                                                                                                 (Total - 100%)
 
Participation / reflections – (Weighting 30%). The aim is to encourage students to participate in classes and to reflect on the content.  At the end of selected classes, students will be given a topic to reflect on either verbally or to write usually 10 - 15 lines about.  The idea is for you to express your views in your own words –not just regurgitate a slab from Graw’s text or the Notes

At the end of week 6, students will be required to submit their first set of written reflections (Part 1) and they will be marked out of 15 by your teacher.  As I perceive in some, a weakness in English expression, inappropriate grammar will result in deduction of marks e.g. don’t, can’t, could’ve or could of etc.  I also believe we need to improve our ability to provide written advice.  I consider both of these skills to be essential in any legal or other workplace.

We want you to express yourself clearly and to apply Contract law principles to fact situations. The reflections are to be typed with each topic followed by your reflection.  If the reflections are submitted late, and without proper excuse, one mark per school day they are late will be deducted. The balance of the reflections (Part 2) will be due at the end of week 13 and the same procedure applies. 

Written assignment - (Weighting 30%) This assessment task is a written assignment of 2,000 words. You will be advised of the details in the second week of semester.  You have to submit a plan of your Assignment in Week 5, the Plan having a weighting of 5%.  The plan should detail the manner in which you intend to undertake your assignment, including the issues, cases and journal articles on which you Intend to rely.   The teachers will try and make recommendations on your Plan within a week and give you a mark out of 5.  Your Assignment is due in week 11 and the balance of marks for the assignment amount to 25.

Final test – (Weighting 40%) This assessment is an open book test has a weighting of 40% where you will probably have to answer 2 - 3 major questions in 2 hours including reading time.

You must satisfactorily complete all assessment tasks in order to achieve competency


Assessment Matrix

Other Information

Submission Requirements

You should:

• Ensure that you submit assessments on or before the due date.
• Always retain a copy of your assessment tasks (both hard copy and soft copy).
• Use a cover sheet that includes a declaration and statement of authorship when you submit work for assessment at RMIT University. You must complete, sign and submit a cover sheet with all work you submit for assessment, whether individual or group work. On the cover sheet you must declare that the work you are presenting for assessment is your own work. An assignment cover sheet for submission of each assessment task is available on Blackboard.
• Include a footer (appearing on each page of your assessment) with your name, student number, assessment title, course code, course title and page numbers. For example, Callie Harvey, 324567, Task 2, OHS2345C Ensure safe workplace, Page 1 of 10.


Late Submission Procedures

You are required to submit assessment items and/or ensure performance based assessment is completed by the due dates.

If you are prevented from submitting an assessment item on time, by circumstances outside your control, you may apply in advance to your teacher for an extension to the due date of up to seven calendar days. For more Information go to: http://www.rmit.edu.au/students/assessment/extension

The application form may be obtained from: http://mams.rmit.edu.au/seca86tti4g4z.pdf

Where an extension of greater than seven days is needed, you must apply for Special Consideration. Applications for Special Consideration must be submitted no later than two working days after the assessment task deadline or scheduled examination. For more Information go to: http://www.rmit.edu.au/browse;ID=g43abm17hc9w

The application form may be obtained from: http://mams.rmit.edu.au/8a5dgcaqvaes1.pdf


Resubmissions (VET Programs):

If your Course Assessment Task is assessed as not yet satisfactory, you will be allowed one resubmission opportunity only. Your teacher will provide feedback detailing what you need to do in order to satisfactorily complete that task, and will set a new deadline for the resubmission. The highest score you may receive if your resubmission is deemed satisfactory is 50% of the total marks allocated for that task.

If your task is still deemed to be not yet satisfactory then you must apply in writing to your Program Manager outlining the steps you will take to demonstrate competence in that course. Your submission will be considered by the Program Team and you will be advised of the outcome as soon as practical.


Adjustments to Assessment

In certain circumstances students may be eligible for an assessment adjustment. For more information about the circumstances under which an adjustment to the assessment arrangements might be granted please access the following website: http://rmit.edu.au/browse;ID=7usdbki1fjf31


Marking Guide (Competency):

You must demonstrate through your performance in the Course Assessment Tasks that you have all the required skills and knowledge as specified in the unit of competency (course) you are studying,

Your submitted assessments are the evidence used to determine if you have met all critical aspects of the assessments, and if any critical aspects have not been met, then you cannot be deemed competent in this course.

On each assessment task you will receive feedback against the competency requirements for that task, and the outcome of the task will be recorded as either satisfactory (all requirements have been met) or not yet satisfactory (one or more requirements has not yet been met).

Only when all assessment tasks have been assessed as satisfactory will you be deemed competent in this course.


Marking Guide (Grading)

Only after achieving competency in this course will you receive a grade corresponding to your level of performance in the course. 

Students should refer to the published course guide in order to review the requirements which must be satisfied in order to be deemed competent in his course, however, students must be able to demonstrate that they have satisfied all elements of the course in order to be deemed to be competent.

The reported Final Grade will be one of the following:

CHD Competent with High Distinction
CDI Competent with Distinction
CC Competent with Credit
CAG Competency Achieved – Graded
NYC Not Yet Competent
DNS Did Not Submit for assessment

Further details regarding the application of the grading criteria will be provided by your teacher.
 

Course Overview: Access Course Overview