Course Title: Apply the principles of contract law

Part B: Course Detail

Teaching Period: Term1 2018

Course Code: LAW5730C

Course Title: Apply the principles of contract law

School: 650T Vocational Business Education

Campus: City Campus

Program: C5337 - Diploma of Conveyancing

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

Andrew Hale

andrew.hale@rmit.edu.au

Nominal Hours: 60

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 analyse and evaluate information from a variety of sources and supply solutions to contractual issues in a legal environment.

It applies to individuals who provide support in a range of legal service settings with a degree of responsibility to plan and complete investigations.


National Codes, Titles, Elements and Performance Criteria

National Element Code & Title:

BSBLEG415 Apply the principles of contract law

Element:

1. Determine nature and meaning of contract

Performance Criteria:

1.1 Access sources of legal information on nature and meaning of contract 1.2 Distinguish between common law and legislation in contract 1.3 Assess significance of contracts and contract law in business, and document outcomes of this assessment

Element:

2. Determine principles of contract law

Performance Criteria:

2.1 Define legal principles governing simple contracts 2.2 Identify and document key elements of a simple contract matter

Element:

3. Enhance professional practice through application of relevant principles of contract law

Performance Criteria:

3.1 Assess a legal matter involving contractual issues by applying principles of contract law 3.2 Analyse and evaluate key issues 3.3 Review analysis with designated person

Element:

4. Distinguish between a contract being discharged or breached

Performance Criteria:

4.1 Specify procedures for discharge of contracts 4.2 List available remedies for breach of contract 4.3 Apply procedures for discharge of contracts to workplace legal matter 4.4 Apply identified remedies to a relevant workplace legal matter


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/Canvas
•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

Please note that this teaching schedule is subject to change.

 

Week

 Date Tuesdays

        Topic

 Reading

Assessment

 

5

6 March

Introduction + intention

An Introduction to the Law of Contract by S Graw chapters 2 and 5

 Discuss assessments - Reflection 1

 

613 March

Offer + Acceptance

Graw chapters 3 and 4  

7

20 March

Consideration, (privity, capacity & parties, if time)

 Graw chapters 6, 7 & 8

 At home study parties + capacity & privity.

 

8a

 27 March

Terms, general & special conditions (exemption clauses, if time)

Graw chapters & 10

Reflection Part 1 due 

 

 

 

 Easter break

Th 29 /3 to Tu 3/4

 

 

9

10 April

Mistake,Misrepresentation + ACL misleading or deceptive conduct

Graw chapter 12

 

 

10

17 April

Duress, undue influence and unconscionability

 

Reflection Part 2 due 

 

11

24 April

Breach + Remedies

 

 

 

12

1 May

Remedies + Revision

 

 

 

13

 8 May

 Test in Property Law starts 5.30 –no Contract class

2 hours plus reading for property test

 

 

14

16 May

Revision

 

  

15

 22 May

 In class open book final test ( equivalent of 60 marks)

 2 hours plus reading time for Contract final test.

In class Assessment - Starts 6 pm for 2 hours plus reading time

 

16

29 May

 Re-submissions

 

 

 

 

The nominal hours associated with this are a guide only and represent the total teaching time and student effort required to successfully complete this 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.

Full details of the teaching schedule for all first semester units may be found in the "Course and Program Guide Summary - Semester 1, 2018" 


Learning Resources

Prescribed Texts


References


Other Resources


Overview of Assessment

In order to achieve competency in this unit, you must provide:

Performance Evidence
Evidence of the ability to:

  • apply principles of contract law
  • demonstrate the steps for discharge of a contract.

Knowledge Evidence
To complete the unit requirements safely and effectively, you must:

  • define commonly used legal terminology, institutions and main features of Australian legal system
  • outline methods used to identify appropriate information sources of Australian law
  • explain nature, aims and rationale of contracts, including agreements, intention to create legal relations, consideration, and capacity to contract
  • explain remedies for breach of contract
  • describe illegal and void contracts
  • explain privacy of contract and assignment of contract.

Assessment Conditions
Assessment must be conducted in a safe environment where evidence gathered demonstrates consistent performance of typical activities experienced in the legal services administration field of work and include access to:

  • office equipment and resources
  • legislation and regulations relevant to contract law
  • sources of information about contract law.       

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 outcomes 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

Task 1 - Reflection 

For this Assessment Task you are required to demonstrate your knowledge and skills covered in the course by applying the knowledge to a decided case. You will be required to read a decided case and reflect on  whether  the parties entered into a binding contract and answer a series of questions.

You need to successfully satisfy each criteria for the assessment at the industry standard as required of a paralegal and present the written information in accordance with the requirements of the industry.

The reflection is to be included with your typed answer to follow using size 12 font and with 1.5 spacing. 

Task 2 - Reflection 

For this Assessment Task you are required to demonstrate your knowledge and skills covered in the course by applying the knowledge to a case study. In the reflection, you are to  cover the general issues of exercising influence over a person (often a relative) to enter a contract and you have to write a letter of advice as to whether  the conduct caused the innocent party to enter the contract and whether it is invalidated by duress, undue influence or unconstitutionality.

You need to satisfactorily satisfy each criteria for the assessment at the industry standard as required of a paralegal and present the written information in accordance with the requirements of the industry. 

The reflection is to be included with your typed answer to follow using size 12 font and with 1.5 spacing. 

Task 3 - Supervised Assessment 

For this Assessment Task you are required to demonstrate your knowledge of all the topics covered in  the course by completing an open book in class supervised assessment. The assessment is comprised of a series of theoretical and practical questions including:  mini case studies.  In your answers you should refer to relevant legislation (if any) and, where possible, refer to cases to support your opinion.  

You need to successfully satisfy the criteria for each assessment in order to achieve competency.

 

 

 

Full details of the assessment(s) for this unit may be found in the "Course and Program Guide Summary - Semester 1, 2018" referred to earlier.


Assessment Matrix

The assessment matrix that maps all the assessments is available on CANVAS.

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. (hard copy and soft copy)
  • When you submit work for assessment at RMIT University you need to use the Assessment task document that includes a declaration and statement of authorship.
  • Each page of your assessment should include footer with your name, student number, the title of the assessment, unit code and title and page numbers.

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.

More Informationhttps://www.rmit.edu.au/students/student-essentials/assessment-and-exams/assessment/extensions-of-time-for-submission-of-assessable-work

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.

More Information:https://www.rmit.edu.au/students/student-essentials/assessment-and-exams/assessment/special-consideration

Resubmissions (VET Programs):

If you are found to be unsuccessful in a particular Course Assessment Task (or you do not submit/attend) you will be allowed one resubmission.  Your teacher will provide feedback regarding what you need to do to improve and will set a new deadline for the resubmission. 

If you are still not meeting the assessment requirements you must apply to your Program Manager in writing outlining the steps you will take to demonstrate competence in your course. Your submission will be considered by the Program Team and you will be advised of the outcome as soon as possible.

Grading & re-submissions

Successful re-submissions will contribute a CAG only (Competency Achieved Grading) result to your overall grade for the course.

Adjustments to Assessment

In certain circumstances students may be eligible for an assessment adjustment. For more information about the circumstances under which the assessment arrangements might be granted please access the following website:

https://www.rmit.edu.au/students/student-essentials/assessment-and-exams/assessment/adjustments-to-assessment

 

Marking Guide (Competency):

 

You must demonstrate that you have all the required skills/knowledge/elements in the unit of competency you are studying.

 

You will receive feedback on each assessment task that will inform you about your progress and how well you are performing.

 

 

Marking Guide (Grading)

 

After achieving competency we then grade your performance in the unit and you will achieve one of the following grades:

 

Final Grades table:

 

 

CHD

Competent with High Distinction

 

 

CDI

Competent with Distinction

 

 

CC

Competent with Credit

 

 

CAG

Competency Achieved – Graded

 

 

CA

Competency Achieved – Not Graded

 

 

NYC

Not Yet Competent

 

 

DNS

Did Not Submit for assessment

 

    

 

 

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

 

 

Course Overview: Access Course Overview