Course Title: Apply the principles of contract law
Part B: Course Detail
Teaching Period: Term2 2021
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: Theresa Lyford
Course Contact Phone: +61 3 9925 5444
Course Contact Email: theresa.lyford@rmit.edu.au
Name and Contact Details of All Other Relevant Staff
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
This semester we will be learning remotely through Collaborate Ultra Sessions.
A range of learning activities are planned for this course including self-paced and discussion 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 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.
This course will be delivered via our existing learning management system, Canvas. This means that, for the foreseeable future, there will be no face-to-face classes in any of the units for which you are enrolled.
Classes in each of your units will still take place in their normal scheduled time-slots, but instead of being conducted in a face-to-face mode, your teachers will utilise the Collaborate Ultra platform to deliver ‘live’ online classes. These classes delivered online will not only provide you with the required learning materials for those sessions, but they will also enable interactions with your teachers and fellow students via forums or discussion boards.
This course guide contains information that describes course aspects that don’t change and are locked in well ahead of the semester. Any information that differs due to changes of delivery is a consequence of COVID-19. Your course coordinator will advise you as to the correct details via Canvas.
Teaching Schedule
ourse Schedule: Apply Principles of Contract Law, Semester 1, 2021 | |||
Week |
Topic |
|
Assessment |
|
Week 1 |
Introduction
|
|
|
|
Week 2 |
Intention to Create Legal Relations |
An Introduction to the Law of Contract by S Graw chapters 2 and 5 |
|
|
Week 3 |
Intention to Create Legal Relations |
An Introduction to the Law of Contract by S Graw chapters 2 and 5 |
|
|
Week 4 |
Offer + Acceptance |
Graw chapters 3 and 4; chapter 17 Contracting electronically |
|
|
Week 5 |
Consideration, (privity, capacity & parties, if time) |
Graw chapters 6, 7 & 8 |
|
|
Week 6 |
Terms, general & special conditions (exemption clauses, if time) |
Graw chapters 9 & 10 |
|
|
Week 7 |
Mistake,Misrepresentation + ACL misleading or deceptive conduct |
Graw chapter 12 |
Assessment 1: Elements of a Valid Contract Due |
|
Week 8 |
Duress, undue influence and |
Graw Chapter 13 |
|
|
Week 9 |
Illegality (15 minutes) then Breach + Remedies |
Graw chapters 14, 15 and 16 |
|
|
Week 10 |
Remedies |
|
|
|
Week 11 |
Misrepresentation |
Assessment 2: Case Studies Due | |
|
Week 12 |
Exclusion Clauses Unfair Contracts and Revision | ||
|
Week 13 |
Revision | ||
|
Week 14 |
Revision |
||
|
Week 15 |
Resubmissions | Assessment 3: Discharging & Remedies for Contract Due | |
|
Week 16 |
Resubmissions |
|
|
|
Week 17 |
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 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 including the self - paced activities in the workbooks
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.
Assessment Tasks
You will demonstrate competency by undertaking three assessments. You must successfully complete all assessments to be deemed competent in this unit.
Assessment 1: Reflections 1 & 2
Due: Week 9
Summary and Purpose:
This is assessment task one (1) of three (3) that you must complete satisfactorily in order to be deemed competent for this unit. The purpose of this assessment is to provide you with an opportunity demonstrate their ability to apply the principles of contract law using two reflection activities.
his is assessment task one (1) of three (3) that you must complete satisfactorily in order to be deemed competent for this unit. The purpose of this assessment is to provide you with an opportunity demonstrate their ability to apply the principles of contract l.
Assessment 2: Analysis of Contractual Validity and Terms of a Contract
Due: Week 11
Summary and Purpose:
This is assessment task two (2) of three (3) that you must complete satisfactorily in order to be deemed competent for this unit. The purpose of this assessment is to provide you with an opportunity to demonstrate your knowledge and skills on discharge of contracts and remedies and apply it to several case studies.
Assessment 3: Discharging & Remedies for Contract
Due: Week 15
Summary and Purpose:
here are a total of three (3) assessment tasks students to complete for this unit. This is assessment task three (3) of 3 that you need to complete satisfactorily, in order to be deemed competent for this unit. This assessment is to be completed individually. The purpose of this assessment is to provide students with the skills and knowledge needed to understand how a contract may be discharged and what remedies exist for a breach of contract.
Assessment Matrix
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