Course Title: Land contracts

Part A: Course Overview

Program: C6106

Course Title: Land contracts

Portfolio: BUS

Nominal Hours: 51.0

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.

Course Code

Campus

Career

School

Learning Mode

Teaching Period(s)

LAW5195

City Campus

TAFE

650T Vocational Business Education

Distance / Correspondence or Face-to-Face or Internet or Workplace

Term2 2013,
Term1 2014,
Term2 2014,
Term1 2015,
Term2 2015,
Term1 2016

Course Contact: Doug Gourlay

Course Contact Phone: +61 3 9925 5944

Course Contact Email: doug.gourlay@rmit.edu.au


Course Description

The purpose of this module is to provide detailed examination and analysis skills of criminal law as might be relevant to a person working in a legal office, for a legal aid provider or government department or in a criminal justice context and incorporates a study of criminal procedure, substantive aspects of criminal offences as defined in legislation and at common law and evaluation of law reform issues.


Pre-requisite Courses and Assumed Knowledge and Capabilities

Pre-requisites:  VU20111 Legal Process



National Competency Codes and Titles

National Element Code & Title:

VU20119 Land contracts


Learning Outcomes

Upon successful completion of this course you will be able to:

Learning Outcome 1 - Analyse the duties of a conveyancer and real estate agent under the law of contract and the law of tort.
Assessment criteria
1.1 Distinguish the various parties to different contracts.
1.2 Identify and assess the basis of liability at tort.
1.3 Assess the basis of liability at contract.
1.4 Outline and determine the remedies available to the aggrieved party arising from a breach.
1.5 Report on the duties that attach to the conveyancer under the law of contract and the law of tort, with application to different fact situations.

Learning Outcome 2 - Identify and assess the various types of property subdivision and determine the typical clauses incorporated in certain contracts of the sale of land.
Assessment criteria
2.1 Identify the characteristics of the following types of property subdivisions.
2.2 Specify the nature of drafting contracts and factors, which must be considered when drafting contracts for various types of property/land sale.
2.3 List the advantages and disadvantages of ownership of the different types of subdivisions identified in 2.1.
2.4 Examine the rules in the Subdivision (Body Corporate) Regulations, and determine their application.
2.5 Determine the circumstances which require special clauses in contracts, and examine examples.
2.6 Assess the provisions of contract terms provided by statutes.

Learning Outcome 3 - Distinguish between General Law and Torrens titles and the conveyancing procedures that are common to both systems. Analyse the procedure to be adopted in the investigation of the title held by the vendor in the sale of land.
Assessment criteria
3.1 Research and outline the elements of a General Law title.
3.2 Identify and detail the procedures for investigating a Torrens title and examine examples.
3.3 Distinguish and assess the procedures which are common to both the General Law and Torrens titles systems analysis.
3.4 Analyse with reference to appropriate examples the results of investigation, to assess whether the vendor has given good title.

Learning Outcome 4 - Analyse government office procedures relevant to the conveyancing process.
Assessment criteria
4.1 Evaluate the principles and specify the requirements of Duties Act.
4.2 Outline the procedures commonly encountered at the Land Registry Office.
4.3 Analyse and complete examples of relevant Land Registry Office forms used in practice.
4.4 Identify and analyse the role of the local council.

Learning Outcome 5 - Analyse and assess special actions to be taken when a party to a contract is other than the registered owner. Distinguish between the powers, obligations and responsibilities of the different parties to the contract.
Assessment criteria
5.1 Report on the powers and responsibilities of Executors and Trustees of Deceased Estates.
5.2 Specify the powers and responsibilities of the trustees of Bankrupt Estates.
5.3 Analyse the powers and responsibilities of corporations under the Corporations Law.
5.4 Assess the powers and responsibilities of corporations under a Special Act of Parliament and other incorporated bodies.
5.5 Determine other relevant legislation and its impact on the capacity of certain parties.
5.6 Analyse different fact situations dealing with various parties and solve by application of the appropriate law.

Learning Outcome 6 - Analyse and assess conveyancing procedures and identify the terms relevant to a sale and purchase of a small business, and specify the special duties imposed on a conveyancer in this area.
Assessment criteria
6.1 Determine the provisions and area of operation of the Estate Agents Act.
6.2 Determine and assess the application of a sample contract with regard to the sale of a small business with reference to general conditions, special conditions and particulars of sale.
6.3 Determine and apply to relevant examples general considerations regarding the sale of a business.
6.4 Specify the special duties imposed on a conveyancer in the sale of a small business.
6.5 Analyse a model fact situation and apply statutory provisions and standard forms


Overview of Assessment

Assessment methods have been designed to measure achievement of the requirements in a flexible manner over a range of assessment tasks and may include:

• Test/written examination
• case study analysis
• short answers questions
• written assignment
• oral presentations
• project (s)

Students are advised that they are likely to be asked to personally demonstrate their assessment work to their teacher to ensure that the relevant module standards are being met.