Course Title: Apply legal principles in contract law matters
Part B: Course Detail
Teaching Period: Term2 2022
Course Code: JUST5761C
Course Title: Apply legal principles in contract law matters
Important Information:
Please note that this course may have compulsory in-person attendance requirements for some teaching activities.
To participate in any RMIT course in-person activities or assessment, you will need to comply with RMIT vaccination requirements which are applicable during the duration of the course. This RMIT requirement includes being vaccinated against COVID-19 or holding a valid medical exemption.
Please read this RMIT Enrolment Procedure as it has important information regarding COVID vaccination and your study at RMIT: https://policies.rmit.edu.au/document/view.php?id=209.
Please read the Student website for additional requirements of in-person attendance: https://www.rmit.edu.au/covid/coming-to-campus
Please check your Canvas course shell closer to when the course starts to see if this course requires mandatory in-person attendance. The delivery method of the course might have to change quickly in response to changes in the local state/national directive regarding in-person course attendance.
School: 525T Business & Enterprise
Campus: City Campus
Program: C6170 - 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
Judith Curtain
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
In this course you will acquire 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.
This includes developing the skills to provide support in a range of legal service settings with a degree of responsibility to plan and complete investigations. It applies to a range of work environments that are required to apply a basic understanding of contract law principles.
National Codes, Titles, Elements and Performance Criteria
National Element Code & Title: |
BSBLEG522 Apply legal principles in contract law matters |
Element: |
1. Establish nature and meaning of contract |
Performance Criteria: |
1.1 Confirm task requirements 1.2 Identify type of contract 1.3 Research key elements of contract 1.4 Assess the validity of contract |
Element: |
2. Apply principles of contract law |
Performance Criteria: |
2.1 Analyse legal matter involving contractual issues using principles of contract law 2.2 Evaluate key issues arising from contractual issue 2.3 Assess applicable remedies |
Element: |
3. Finalise application of contract law |
Performance Criteria: |
3.1 Review analysis with supervisor as required 3.2 Identify and flag unresolved contractual issues 3.3 Document analysis according to organisational requirements |
Learning Outcomes
On successful completion of this course you will have developed and applied the skills and knowledge required to demonstrate competency in the above elements.
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
Semester 2, 2022
| Week | Topic | ||
| 1 | Topic 1 | Introduction and Agreements in writing | |
|
2
|
Topic 2 | Intention to create legal relations | |
|
3
|
Topic 3 Part 1 | Offer and Acceptance | |
|
4
|
Topic 3 Part 2 | Offer and Acceptance | |
|
5
|
Topic 4 | Consideration | AT1 Released |
|
6
|
Topic 5 Part 1 | Consent, Mistake, Misrepresentation, Duress, Undue Influence, Special Wives Equity, Unconscionability | |
|
7
|
Topic 5 Part 2 | Consent, Mistake, Misrepresentation, Duress, Undue Influence, Special Wives Equity, Unconscionability | |
|
8
|
Topic 6 & 7 |
Capacity, Privity, Assignment Illegality |
Mid-semester break Mon - Fri inclusive
|
9
|
Topic 8 Part 1 | Terms, Exclusion clauses |
AT1 Due Sunday @23:59
|
|
10
|
Topic 8 Part 2 |
Terms, Exclusion clauses
|
|
|
11
|
Topic 9 | Australian consumer law & Unfair contracts |
AT2 Due Sunday @23:59
AT3 Released |
|
12
|
Topic 10 Part 1 | Discharge of contracts | |
|
13
|
Topic 10 Part 2 | Discharge of contracts | |
|
14
|
Topic 11 | Remedies | |
|
15
|
Revision |
AT3 Due Sunday @23:59 |
|
|
16
|
Resit and Resubmit | This week will be dedicated to re-submission of assessments if needed | |
|
17
|
Resit and Resubmit | This week will be dedicated to re-submission of assessments if needed |
Learning Resources
Prescribed Texts
References
Other Resources
Recommended textbooks
1. Stephen Graw, An Introduction to the Law of Contract, Eighth Edition, Thomson LawBook Co.
A good text to buy and keep, but online copy also available @ RMIT Library. (Links to an external site.)
2. Simon Libbis, Conveyancing Victoria: The Ultimate Guide: 2020 - 2021
This book covers the basic elements of a conveyancing transaction including:
A step-by-step guide to the process,
Detailed explanations and precedents,
Common problems, how to avoid them, and strategies to deal with them.
The seventh edition (2020-2021) includes:
The new contract of sale,
Amendments to the Sale of Land,
Significant cases.
3. Voumard, The Sale of Landan external site.)
This book is a complete guide to understanding the principles and special characteristics in a contract for the sale and conveyance of land in Australia.
Overview of Assessment
Assessment for this course is ongoing throughout the semester. Your knowledge and understanding of course content is assessed through participation in class exercises, oral presentations and through the application of learned skills and insights to your written tasks. Full assessment briefs will be provided and can be found on CANVAS.
Assessment Tasks
You will demonstrate competency by undertaking three assessments. You must successfully complete all assessments to be deemed competent in this unit.
Assessments
In order to achieve competency in this unit, you must satisfactorily complete the criteria for each of the three assessments in this course.
Assessment Task 1 (Take home): Analysis of the Nature of Contract Law
Due: Week 9 Sunday @ 23:59
The purpose of this assessment is to provide you with an opportunity to demonstrate your knowledge of the key principles of contract law and apply it to two case studies.
Assessment Task 2 (Take home): Analysis of the Validity of Contracts and Terms
Due: Week 11 Sunday @ 23:59
The purpose of this assessment is to provide you with an opportunity to demonstrate your knowledge and skills relating to validity of contract, misrepresentation, contractual terms and Australian Consumer Law and apply it to several case studies.
Assessment Task 3 (Take home): Analysis of Discharge of Contracts and Remedies
Due: Week 15 Sunday @ 23:59
The purpose of this assessment is to allow you to research and demonstrate your knowledge around discharge of contract and remedies and apply it to several case studies.
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).
Assessment Matrix
The assessment matrix that maps all the assessments is available on CANVAS.
Other Information
Student support
Your first point of contact for any support needs with your assessments should be your teacher and assessor. If you require further support, you should consider contacting the following support services at RMIT Student Support
Assessment adjustments
Students requiring support or adjustments for their formal assessment tasks should contact Equitable Learning Services (ELS), for more information on the types of adjustments provided, access RMIT adjustments to assessment.
Extension of time
If you require an extension of time to submit an assessment task you can apply for an extension of time by completing the form at this link and then email it together with your supporting documentary evidence to theresa.lyford@rmit.edu.au
You will be advised of the outcome of your application within 1 business day. Please ensure you read the general information about extension applications before you apply.
Special consideration
If unexpected circumstances affect your ability to complete an assessment you can apply for special consideration. For more information access RMIT special consideration.
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
We recommend the following Conveyancing industry textbook which has valuable information for students.
Conveyancing Victoria the ultimate guide, by Simon Libbis. Available from Hybrid Publishers Melbourne
https://www.hybridpublishers.com.au/
Course Overview: Access Course Overview