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 |
Element: |
10. Apply discharge of contracts |
Performance Criteria: |
10.1 Specify the procedures of discharge of contracts and apply across a range of contracts |
Element: |
11. Apply remedies to breach of contract |
Performance Criteria: |
11.1 Determine remedies available when a contract is breached |
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 |
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 |
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 |
Element: |
5. Identify and apply terms of contract |
Performance Criteria: |
5.1 Explain terms of a contract |
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 |
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 |
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 |
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 |
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 Commencing | Topics | Assessment |
1 | 08/02/16 | Introduction & Introduction, the nature of contracts | |
2 | 150/2/16 | The nature of Contracts, Offer | Assessment Task 2- Essay Distributed - 30% |
3 | 22/02/16 | Offer Acceptance | Assessment Task 1 Reflections - 30% (part 1) to be handed out |
4 | 29/02/16 | Acceptance, Intention and consideration | |
5 | 07/03/16 | Capacity & Privity | Assessment Task 2 - Essay plan due |
6 | 14/03/16 | Contracting electronically | Assessment Task 1 Reflections (part 1) due |
7a | 21/03/16 | Terms of a contract - Exempting liability | |
24/03/16 - 30/03/2016 | ***Mid-Semester Break*** (No scheduled classes) | ||
7b | 31/03 -01/04/2016 | Self directed learning | |
8 | 04/04/16 | Exempting liability, mistake, misrepresentation | |
9 | 11/04/16 | Misrepresentation Duress | Assessment Task 1 - Reflections (Part 2) handed out |
10 | 18/04/16 | Undue influence and unconscionability | |
11 | 25/04/16 | Illegality | Assessment Task 2 - Essay assignment due |
12 | 02/05/16 | Discharge of a contract | |
13 | 09/05/16 | Remedies | Assessment Task 1 - Reflections (Part 2) due |
14 | 16/05/16 | Revision | |
15 | 23/05/16 | Final test (40 Marks) Open book 2 hours plus reading time | Assessment Task 3 - Final Test (40%) Open book 2 hours |
16 | 30/05/16 | 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