Course Title: Analyse and apply law of contract

Part B: Course Detail

Teaching Period: Term1 2018

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

John Sutherland

john.sutherland@rmit.edu.au 

 

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/Canvas
  • Overview of assessment requiements
  • 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 

Week

Date - week commencing

       Topic

Element

     Assessment

1

 

Induction + Introduction, the nature of contracts

E 1

  

2

 

The nature of Contracts, Offer

E 2

Assessment Task 1 Reflections Part 1 – to be handed out & discussed.

Due Week 6 –

Elements 1, 2, 3 & 4

3

 

Offer, Acceptance

E 2

  

4

 

Acceptance, Intention and consideration

E 3, 4

  

5

 

Capacity & Privity

E 6, 9

  

6

 

Contracting electronically

E 1 - 11

Assessment Task 1Reflections Part 1 due to be submitted electronically

7

 

Terms of a contract - Exempting liability

E 5

 

8

 

Exempting liability, Mistake, Misrepresentation

E 5

Assessment Task 2 –Reflections Part 2 to be handed out.

Elements 5, 6, 8 & 9
 

Mid semester break

      

9

 

Misrepresentation Duress

E 7

  

10

 

Undue Influence, Unconscionability

E 7

  

11

 

Illegality

E 8

 

12

 

Discharge of a contract

E 10

 Assessment Task 2 –Reflections Part 2 due to be submitted electronically

13

 

Remedies

E 5, 7, 8, 10 & 11

  

14

 

Revision

E 5, 7, 8, 10 & 11

  

15

 

Final Test (Open Book) 2 hours plus reading time

  

Assessment Task 3 –

Final Test. Open Book 2 hours plus 15 minutes reading time

Elements 5, 7, 8, 10 & 11

16

 

Resubmissions

 

 

 

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.


Learning Resources

Prescribed Texts

S .Graw, An Introduction to the Law of Contract, Ninth 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

In order to achieve competency in this unit, you must satisfactorily satisfy the criteria for each of the three assessments in this course.

 

Task 1 - Reflection 1

 

For this Assessment Task your knowledge of all the topics covered from weeks 1 – 5 is tested by providing a series of reflections relating to Elements 1-4 including   including Offer, Acceptance, and “Consideration”. At the end of selected classes, you will be given a topic to reflect on.  At the end of week 6, you  will be required to submit your first 3 reflections – Part 1 - and it will be marked by your teacher. Reflections Part 2 will be due at the end of week 12 and the same procedure applies.

 

Task 2 – Reflection 2

 

For this Assessment Task your knowledge of all the topics  covered  from weeks 6 – 12 by providing a series  of reflections relating to Elements 5, 6, 8 & 9  including misrepresentation, duress,   Undue Influence, Unconscionability, and illegality.    At the end of selected classes, you will be given a topic to reflect on.  At the end of week 12, you will be required to submit your further reflections.

 

Task 3 – Final Test

 

For this Assessment Task you are required to demonstrate your knowledge of all the topics covered in weeks 9 - 13 by completing an open book in class supervised assessment covering Learning Outcome Elements 5, 7, 8, 10 & 11.  The topics include misrepresentation, duress, Undue Influence, Unconscionability, illegality, discharge of contract, and remedies. The test is Open Book (2 hours plus 15 minutes reading time).  This assessment will take place during your normal scheduled class time.

 

Please refer to the individual assessments for more detail.

 

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


 


Assessment Matrix

The assessment matrix that maps all the assessment 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 Information:  https://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