Course Title: Analyse and apply law of contract
Part B: Course Detail
Teaching Period: Term1 2020
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: Callie Harvey
Course Contact Phone: +61 3 9925 5772
Course Contact Email: callie.harvey@rmit.edu.au
Name and Contact Details of All Other Relevant Staff
John Marshall
john.marshall@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 10.3 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 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
This course is comprised of one competency: VU21633/LAW5716 Analyse and apply law of contract.
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
This overall semester schedule of the face to face classes is subject to changes.
Course Schedule: Analyse and Apply law of Contract, Semester 1, 2020 | |||
Week beginning: |
Topic |
Elements |
Assessments |
|
Week 1 February 10 |
Induction + Identify the key features of Contract law; Graw Ch 2 |
Element 1 |
|
|
Week 2 February 17 |
The need for offer and acceptance to be present to reach an agreement |
Element 2 |
|
|
Week 3 February 24 |
Intention to create legal relationships |
Element 3 |
|
|
Week 4 March 2 |
The concept of consideration in simple contracts. – Graw Ch 6 |
Element 4 |
Assessment no 1: In class assessment |
|
Week 5 March 9 |
Terms of a contract and representations – Graw Ch 9 |
Element 5 |
|
|
Week 6 March 16 |
Contracting electronically – Graw Ch 17 |
Element 1-11 |
|
|
Week 7 March 23 |
Capacity to make a contract |
Element 6 |
|
|
Week 8 March 30 |
Consent to a contract must be free and without force, duress or misrepresentation. |
Element 7 |
Assessment Task 2: In Class assessment
|
|
Week 9 April 6 |
Consent to a contract must be free and without mistake, force, duress or misrepresentation. |
Element 7 |
|
Mid-Semester Break | |||
|
Week 10 April 20 |
Effect of illegal, void or voidable contracts |
Element 8 |
|
|
Week 11 April 27 |
Privity of Contract and assignment of contractual rights. |
Element 9 |
Assessment Task 3: In class assessment |
|
Week 12 May 4 |
Discharge of a contract |
Element 10 |
|
|
Week 13 May 11 |
Remedies |
Element 11 |
|
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Week 14 May 18 |
Revision |
||
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Week 15 May 25 |
Final Test (Open Book) 2 hours plus reading time. |
|
Assessment Task 4: Final Test - Open book 2 hours plus 15 minutes reading time. |
|
Week 16 June 1 |
Resubmissions |
||
|
Week 17 June 8 |
Grade Entry |
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
References
Other Resources
Online learning materials can be accessed by going into the RMIT web sites Online Learning Hub.
The online learning materials listed may include:
- Course outlines
- Power point Presentations
- Supporting Reading material
- Industry relevant articles
- Activities
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 complete the criteria for each of the three assessments in this course.
Task 1 - Reflections Part 1 (week 6)
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 – Reflections Part 2 (week 12)
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 privity, capacity, terms of a Contract, exemption clauses 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 (week 15)
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.
Assessment Matrix
The assessment matrix that maps all the assessments is available on Canvas.
Other Information
Resubmissions (VET Programs)
If you are found to be unsuccessful (Not satisfactory/Unsatisfactory) in a Course Assessment Task 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.
Penalties for Late Submission
Late submissions of assignments without special consideration or extension will automatically be considered a re-submission (see above).
Extensions, Special Consideration and Adjustment to Assessments
Extensions:
Extensions are available for unforeseen circumstances of a short-term nature.
An application form must be submitted to the school at least one working day before the due date of the assessment.
Extensions can be approved for a maximum of one week (seven calendar days) past the due date for an assessment. (Where students need an extension exceeding one week they must instead apply for special consideration.)
Special consideration:
Special consideration is available for unexpected circumstances outside students’ control. These include but are not limited to: unexpected short-term ill health, and unavoidable family, work, cultural or religious commitments.
An application for special consideration is made in advance of an assessment wherever possible but will normally be accepted within five working days after the assessment date
For more information, see the Special Consideration page of the RMIT website.
Adjustments to Assessment:
RMIT provides several adjustments to assessment for students experiencing ongoing or long-term circumstances. Find the right one for your circumstances here.
Changes to the Assessment Scheme
Where a change to assessment approved by the dean/head of school changes an assessment due date, students will be given at least five working days’ notice of the new due date.
Feedback
You can expect to receive marks and feedback on in-course assessment work in time to improve your performance in related assessment tasks later in the course.
Academic Integrity and Misconduct
Students demonstrate academic integrity in their assessment practices by:
- engaging with assessment activities in an honest way;
- providing accountability for the authorship and originality of work submitted;
- acknowledging the work of others and the re-use of original work.
Academic misconduct is addressed in accordance with the Student conduct policy
Assessment involving research with human participants, their information or their tissue, or animal subjects is carried out in accordance with the Staff ethics and integrity policy.
For further information see the Academic Integrity website.
Review and Appeal
A student may request a review of an assessment result or appeal a final course grade in accordance with the Conduct of assessment and appeals section of the Assessment Processes.
Grade Criteria
You must demonstrate that you have all the required skills/knowledge/elements in the unit of competency you are studying. The following grades are available for this course.
CA - Competency Achieved
NYC - Not Yet Competent
DNS - Did Not Submit for assessment
Course Overview: Access Course Overview