Course Title: Apply the principles of contract law

Part B: Course Detail

Teaching Period: Term2 2019

Course Code: LAW5730C

Course Title: Apply the principles of contract law

School: 650T Vocational Business Education

Campus: City Campus

Program: C6164 - Advanced Diploma of Conveyancing

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

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


The student will obtain a working knowledge of the law of contract in the context of conveyancing.


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 a single unit of competency:

BSBLEG415 Apply Principles of Contract Law

 

The Teaching Schedule for this course is as follows

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:

o    Recognition of Prior Learning and Credit Transfers

o    Assessment of current skills and knowledge

  • Competency/Grading Criteria
  • Plagiarism
  • Appeals
  • Extensions
  • Feedback
  • Privacy
  • Submission requirements
  • Resubmission policy
  • Where to get support
  • Student Charter

Please note that this teaching schedule is subject to change.

Course Schedule:  Analyse and Interpret Legal Requirements, Semester 2, 2019

Week

Topic

 

Assessment

Week 1

8th July

Introduction

  • When classes are held, and what topics are covered each week (including the relevant Unit of Competency and associated Elements/Performance Criteria);
  • What learning materials and activities need to be completed; and,
  • What assessments are due

 

 

Week 2

15th July

 Intention to Create Legal Relations

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

 

Week 3

22nd July

 Intention to Create Legal Relations

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

Discuss Assessment 1 - Reflection 1 & 2

Week 4

29th July

Offer + Acceptance

Graw chapters 3 and 4; chapter 17 Contracting electronically

 

Week 5

5th August

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

 Graw chapters 6, 7 & 8

 

Week 6

12th August

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

Graw chapters & 10

 

Week 7

19th August

Mistake,Misrepresentation + ACL misleading or deceptive conduct

Graw chapter 12

 

Week 8

26th August

Duress, undue influence and 
Unconscionability

Graw Chapter 13

 

Mid semester break 2nd September – 8th September

Week 9 

9th September

Illegality (15 minutes) then Breach + Remedies

Graw chapters 14, 15 and 16

Assessment 1: Reflections 1 & 2 due 

Week 10

16th September

Remedies

 

 

Week 11

23rd September

Revision

   

Week 12

30th September

Revision    

Week 13

7th October

Revision    

Week 14

14th October

In class open book final test in 2 parts (a) in class test on remedies -  equivalent of 40 and (b) take home question on misrepresentation to be submitted next week equivalent 20 marks.

 2 hours plus reading time for Contract final test part (a) on  discharge and remedies

 Starts 6 pm for 2 hours plus reading time

Week 15

21st October

Assessment 2: Part B due   Take home aspect of final test on misrepresentation and exemption clauses due by canvas and by email to teacher

Week 16

28th October

Feedback/Resubmissions

 

 

Week 17

4th November

Feedback/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


References


Other Resources

Online learning materials can be accessed by going into the RMIT web sites Online Learning Hub.

The online learning materials listed include:

  • Course outlines
  • Power point Presentations
  • Supporting Reading material
  • Industry relevant articles
  • Activities.


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

Assessment that learning outcomes have been achieved will be by:

Assessment Task 1: Reflections (week  9) 

Reflections the aim is to encourage students to participate in classes and to reflect on the content.  At the end of some classes students will be given a topic to reflect on either verbally or to write usually 30-40  lines.  The idea is for you to express your views by applying Contract Law principles to specific situations.  This provides you with the opportunity to practice providing your client with advice and expressing your views clearly.  Additionally, you will be assessed on your ability to articulate your answers in  professional Englishin, including appropriate spelling and grammar. The reflections are to be typed with each topic followed by your reflection. 

                          

Assessment Task 2: Final test Part A (week 14)

Assessment Task 2: Final test Part B (week 15)

Final test  The objective of this assignment is to allow you to demonstrate that you have acquired the knowledge and skills taught in class to date and apply this knowledge in Part A under the pressure of a sit down open book test for two hours including reading time, covering the topics of discharge of contract and identifying remedies applicable to a specific case study. Part B takes the form of a take-home case study to be undertaken within a week of Part A with the aim for students to provide a letter of advice on misrepresentation and misleading or deceptive conduct under the Australian Consumer Law, following research.                                                                                      

                                                        

To achieve competency in this course students must complete all assessments to a satisfactory standard.


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 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: If you are found to be unsuccessful (Not satisfactory/Unsatisfactory) in a particular 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.     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 you are performing.    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