LLB202 Contract Law


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Unit Outline: Semester 2 2024, Gardens Point, Internal

Unit code:LLB202
Credit points:12
Pre-requisite:LLB102 or LWB148
Anti-requisite:LWB136, LWB137
Coordinators:Brydon Wang | brydon.wang@qut.edu.au
Disclaimer - Offer of some units is subject to viability, and information in these Unit Outlines is subject to change prior to commencement of the teaching period.

Overview

In this unit, you will examine how contract law operates in a contemporary real world context and practise skills of contract interpretation and drafting, and legal problem solving. The knowledge and skills you develop in this unit also provide a foundation for later year units in the course, for example, LLB204 Commercial and Personal Property Law, LLB301 Real Property Law, LLB304 Commercial Remedies, and commercial law electives. An understanding of contract law is a requirement for admission to legal practice in Australia.

Learning Outcomes

On successful completion of this unit you will be able to:

  1. Analyse issues and construct arguments to demonstrate an understanding of the principles of contract law and policy (CLOs 1.1, 1.3, 2.1)
  2. Apply the law of contract to problems and clearly communicate possible solutions (CLOs 1.1, 2.1, 4.1)
  3. Use legal drafting principles to re-draft contract clauses (CLOs 4.1)
  4. Write clearly and concisely to communicate legal concepts, questions and the outcomes of problem solving (CLO 4.1)

Content

The content of this unit includes:

  • The formation of contracts, including online contracts
  • Equitable estoppel
  • Privity of contract
  • Capacity
  • Formalities
  • Common Law misrepresentation
  • Interpretation of contracts
  • Establishing the terms of the contract (including oral statements prior to a written contract, incorporation of terms and implied terms)
  • Content of contracts (including promissory terms, exemption clauses and restraints of trade)
  • Drafting of contract terms.
  • The impact of technology on key areas of contract law. 

The specific ground of unconscionable conduct is not covered in this unit. However, unconscionability generally is considered in parts (for example equitable estoppel).

Learning Approaches

This unit employs an active and collaborative approach to learning. The learning has been designed to provide you with direct interaction with your instructors and peers and there is an expectation that you will attend live lectures and tutorials.

Prior to the live learning sessions, you will be supported through weekly unit material, interactive quizzes and formative learning activities that will introduce a range of practical and theoretical perspectives.

Your participation in the unit will include:

  • Engagement in live lectures that facilitate discussion. In these lectures, you will have the opportunity to solidify threshold understandings of unit content and assessment requirements
  • Participation in tutorials that allow you to develop and practice your oral communication, critical analysis and legal problem-solving skills
  • Access to a wide range of resources designed to promote collaboration to assist you to work in teams to resolve complex problems
  • Discussions in live tutorials

 

Feedback on Learning and Assessment

You will be provided with feedback to assist your learning throughout the semester. The feedback is provided through:

- Interactive online collaborative workshops

- Formative online and interactive resources 

- Individual feedback provided on assignments

- Generic feedback on each item of assessment

- Collaborations on Canvas

- The option of consultation with a member of the teaching team.

Assessment

Overview

In this unit you are graded on a scale of one to seven.

Students may be required to attend campus or an assessment centre for the purposes of assessment, regardless of the attendance mode for the unit

Unit Grading Scheme

7- point scale

Assessment Tasks

Assessment: Drafting Scenario

Students act as legal professionals and are given an authentic evolving real world drafting scenario. This drafting scenario is broken into parts A, B, and C which are submitted at different times in the semester and build iteratively on the same contract drafting scenario. This provides a scaffold for student learning as new information from the scenario and course are taught and feedback is provided. The drafting exercises require students to submit each part of the scenario one week after the content is covered in the unit.

The late submission period does not apply, and no assignment extensions are available.

Weight: 15
Length: 1200 (3x400 words)
Individual/Group: Individual
Due (indicative): Part A due in week 4, Part B due in week 10, and Part C due in week 13
This drafting scenario is broken into parts A, B, and C which are submitted at different times in the semester as content is taught in order to provide feedback so students can build iteratively on the same contract drafting scenario.
Related Unit learning outcomes: 1, 2, 3, 4

Assessment: Contract Interpretation Exercise

This assessment requires you to consider contractual provisions provided to you and to make comment on how these provisions work as drafted, and how they could be improved in the context of a legal problem.  

This assignment is eligible for the 48-hour late submission period and assignment extensions.

Weight: 35
Length: 2000
Individual/Group: Individual
Due (indicative): week 8
Related Unit learning outcomes: 1, 2, 4

Assessment: Examination

An end-of-semester examination (open book) will assess the depth of your knowledge and understanding of the topics of the unit as well as your ability to analyse and apply relevant legal rules and principles to solve defined problems. All topics covered in the unit are assessable.

Weight: 50
Individual/Group: Individual
Due (indicative): Central Examination Period
Central exam duration: 3:10 - Including 10 minute perusal
Related Unit learning outcomes: 1, 2, 4

Academic Integrity

Students are expected to engage in learning and assessment at QUT with honesty, transparency and fairness. Maintaining academic integrity means upholding these principles and demonstrating valuable professional capabilities based on ethical foundations.

Failure to maintain academic integrity can take many forms. It includes cheating in examinations, plagiarism, self-plagiarism, collusion, and submitting an assessment item completed by another person (e.g. contract cheating). It can also include providing your assessment to another entity, such as to a person or website.

You are encouraged to make use of QUT’s learning support services, resources and tools to assure the academic integrity of your assessment. This includes the use of text matching software that may be available to assist with self-assessing your academic integrity as part of the assessment submission process.

Further details of QUT’s approach to academic integrity are outlined in the Academic integrity policy and the Student Code of Conduct. Breaching QUT’s Academic integrity policy is regarded as student misconduct and can lead to the imposition of penalties ranging from a grade reduction to exclusion from QUT.

Resources

Resource Materials

Prescribed text(s)

Des Butler, Sharon Christensen, Bill Dixon and Lindy Willmott, Contract Law Case Book (Oxford University Press, 3rd ed, 2018)

Lindy Willmott, Sharon Christensen, Des Butler and Bill Dixon, Contract Law (Oxford University Press, 5th ed, 2018)

Recommended text(s)

D W Greig and J L R Davis, The Law of Contract (plus supplements) (LBC, 1987)

J W Carter, Cases and Materials on Contract Law in Australia (LexisNexis, 6th ed, 2012)

J W Carter, Contract Law in Australia (LexisNexis, 6th ed, 2012)

N Seddon, R Bigwood and M Ellinghaus, Cheshire & Fifoot Law of Contract (LexisNexis Butterworths, 11th Australian ed, 2017)

Noeleen McNamara, Lynda Crowley-Cyr, LexisNexis Questions and Answers: Contract Law (LexisNexis, 7th ed, 2023)

Risk Assessment Statement

There are no unusual risks in this unit.

Course Learning Outcomes

This unit is designed to support your development of the following course/study area learning outcomes.

LW36 Bachelor of Laws (Honours)

  1. The essential principles and doctrines of Australian law and the Australian legal system
    Relates to: ULO1, ULO2, Drafting Scenario, Contract Interpretation Exercise, Examination
  2. The impact of technology on key areas of law and legal work
    Relates to: ULO1, Contract Interpretation Exercise, Examination
  3. Using legal reasoning and critical thinking in applying law to legal problems and providing legal advice
    Relates to: ULO1, ULO2, Drafting Scenario, Contract Interpretation Exercise, Examination
  4. Knowing and using academic and legal writing conventions and communicating clearly, concisely and persuasively in written forms
    Relates to: ULO2, ULO3, ULO4, Drafting Scenario, Contract Interpretation Exercise, Examination
  5. Using effective oral, visual and other professional communication in diverse contexts
    Relates to: Contract Interpretation Exercise

LW37 Bachelor of Laws (Honours) (Graduate Entry)

  1. The essential principles and doctrines of Australian law and the Australian legal system
    Relates to: ULO1, ULO2, Drafting Scenario, Contract Interpretation Exercise, Examination
  2. The impact of technology on key areas of law and legal work
    Relates to: ULO1, Contract Interpretation Exercise, Examination
  3. Using legal reasoning and critical thinking in applying law to legal problems and providing legal advice
    Relates to: ULO1, ULO2, Drafting Scenario, Contract Interpretation Exercise, Examination
  4. Knowing and using academic and legal writing conventions and communicating clearly, concisely and persuasively in written forms
    Relates to: ULO2, ULO3, ULO4, Drafting Scenario, Contract Interpretation Exercise, Examination

LW38 Bachelor of Laws (Honours)

  1. The essential principles and doctrines of Australian law and the Australian legal system
    Relates to: ULO1, ULO2, Drafting Scenario, Contract Interpretation Exercise, Examination
  2. The impact of technology on key areas of law and legal work
    Relates to: ULO1, Drafting Scenario, Contract Interpretation Exercise, Examination
  3. Using legal reasoning and critical thinking in applying law to legal problems and providing legal advice
    Relates to: ULO1, ULO2, Drafting Scenario, Contract Interpretation Exercise, Examination
  4. Knowing and using academic and legal writing conventions and communicating clearly, concisely and persuasively in written forms
    Relates to: ULO2, ULO3, ULO4, Drafting Scenario, Contract Interpretation Exercise, Examination

LW39 Bachelor of Laws (Honours) (Graduate Entry)

  1. The essential principles and doctrines of Australian law and the Australian legal system
    Relates to: ULO1, ULO2, Drafting Scenario, Contract Interpretation Exercise, Examination
  2. The impact of technology on key areas of law and legal work
    Relates to: ULO1, Drafting Scenario, Contract Interpretation Exercise, Examination
  3. Using legal reasoning and critical thinking in applying the law to legal problems and providing legal advice
    Relates to: ULO1, ULO2, Drafting Scenario, Contract Interpretation Exercise, Examination
  4. Knowing and using academic and legal writing conventions and communicating clearly, concisely and persuasively in written forms
    Relates to: ULO2, ULO3, ULO4, Drafting Scenario, Contract Interpretation Exercise, Examination