LLB202 Contract Law
To view more information for this unit, select Unit Outline from the list below. Please note the teaching period for which the Unit Outline is relevant.
| Unit code: | LLB202 |
|---|---|
| Prerequisite(s): | LLB102 or LWB148 |
| Antirequisite(s): | LWB136, LWB137 |
| Credit points: | 12 |
| Timetable | Details in HiQ, if available |
| Availabilities |
|
| CSP student contribution | $2,040 |
| Pre-2021 CSP student contribution | $1,597 The pre-2021 commonwealth supported place (CSP) contribution amount only applies to students enrolled in a course prior to 2021. To learn more, visit our Understanding your fees page. |
| Domestic tuition unit fee | $3,024 |
| International unit fee | $4,044 |
Unit Outline: Semester 1 2024, Gardens Point, Internal
| Unit code: | LLB202 |
|---|---|
| Credit points: | 12 |
| Pre-requisite: | LLB102 or LWB148 |
| Anti-requisite: | LWB136, LWB137 |
| Coordinators: | Lachlan Robb | l2.robb@qut.edu.au |
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:
- Analyse issues and construct arguments to demonstrate an understanding of the principles of contract law and policy (CLOs 1.1, 1.3, 2.1)
- Apply the law of contract to problems and clearly communicate possible solutions (CLOs 1.1, 2.1, 4.1)
- Use legal drafting principles to re-draft contract clauses (CLOs 4.1)
- 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.
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.
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.
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)
- The essential principles and doctrines of Australian law and the Australian legal system
Relates to: ULO1, ULO2, Drafting Scenario, Contract Interpretation Exercise, Examination - The impact of technology on key areas of law and legal work
Relates to: ULO1, Contract Interpretation Exercise, Examination - 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 - 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 - Using effective oral, visual and other professional communication in diverse contexts
Relates to: Contract Interpretation Exercise
LW37 Bachelor of Laws (Honours) (Graduate Entry)
- The essential principles and doctrines of Australian law and the Australian legal system
Relates to: ULO1, ULO2, Drafting Scenario, Contract Interpretation Exercise, Examination - The impact of technology on key areas of law and legal work
Relates to: ULO1, Contract Interpretation Exercise, Examination - 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 - 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)
- The essential principles and doctrines of Australian law and the Australian legal system
Relates to: ULO1, ULO2, Drafting Scenario, Contract Interpretation Exercise, Examination - The impact of technology on key areas of law and legal work
Relates to: ULO1, Drafting Scenario, Contract Interpretation Exercise, Examination - 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 - 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)
- The essential principles and doctrines of Australian law and the Australian legal system
Relates to: ULO1, ULO2, Drafting Scenario, Contract Interpretation Exercise, Examination - The impact of technology on key areas of law and legal work
Relates to: ULO1, Drafting Scenario, Contract Interpretation Exercise, Examination - 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 - 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
Unit Outline: Semester 1 2024, Online
| Unit code: | LLB202 |
|---|---|
| Credit points: | 12 |
| Pre-requisite: | LLB102 or LWB148 |
| Anti-requisite: | LWB136, LWB137 |
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:
- Analyse issues and construct arguments to demonstrate an understanding of the principles of contract law and policy (CLOs 1.1, 1.3, 2.1)
- Apply the law of contract to problems and clearly communicate possible solutions (CLOs 1.1, 2.1, 4.1)
- Use legal drafting principles to re-draft contract clauses (CLOs 4.1)
- 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.
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.
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.
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)
- The essential principles and doctrines of Australian law and the Australian legal system
Relates to: ULO1, ULO2, Drafting Scenario, Contract Interpretation Exercise, Examination - The impact of technology on key areas of law and legal work
Relates to: ULO1, Contract Interpretation Exercise, Examination - 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 - 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 - Using effective oral, visual and other professional communication in diverse contexts
Relates to: Contract Interpretation Exercise
LW37 Bachelor of Laws (Honours) (Graduate Entry)
- The essential principles and doctrines of Australian law and the Australian legal system
Relates to: ULO1, ULO2, Drafting Scenario, Contract Interpretation Exercise, Examination - The impact of technology on key areas of law and legal work
Relates to: ULO1, Contract Interpretation Exercise, Examination - 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 - 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)
- The essential principles and doctrines of Australian law and the Australian legal system
Relates to: ULO1, ULO2, Drafting Scenario, Contract Interpretation Exercise, Examination - The impact of technology on key areas of law and legal work
Relates to: ULO1, Drafting Scenario, Contract Interpretation Exercise, Examination - 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 - 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)
- The essential principles and doctrines of Australian law and the Australian legal system
Relates to: ULO1, ULO2, Drafting Scenario, Contract Interpretation Exercise, Examination - The impact of technology on key areas of law and legal work
Relates to: ULO1, Drafting Scenario, Contract Interpretation Exercise, Examination - 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 - 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
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 |
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:
- Analyse issues and construct arguments to demonstrate an understanding of the principles of contract law and policy (CLOs 1.1, 1.3, 2.1)
- Apply the law of contract to problems and clearly communicate possible solutions (CLOs 1.1, 2.1, 4.1)
- Use legal drafting principles to re-draft contract clauses (CLOs 4.1)
- 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.
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.
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.
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)
- The essential principles and doctrines of Australian law and the Australian legal system
Relates to: ULO1, ULO2, Drafting Scenario, Contract Interpretation Exercise, Examination - The impact of technology on key areas of law and legal work
Relates to: ULO1, Contract Interpretation Exercise, Examination - 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 - 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 - Using effective oral, visual and other professional communication in diverse contexts
Relates to: Contract Interpretation Exercise
LW37 Bachelor of Laws (Honours) (Graduate Entry)
- The essential principles and doctrines of Australian law and the Australian legal system
Relates to: ULO1, ULO2, Drafting Scenario, Contract Interpretation Exercise, Examination - The impact of technology on key areas of law and legal work
Relates to: ULO1, Contract Interpretation Exercise, Examination - 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 - 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)
- The essential principles and doctrines of Australian law and the Australian legal system
Relates to: ULO1, ULO2, Drafting Scenario, Contract Interpretation Exercise, Examination - The impact of technology on key areas of law and legal work
Relates to: ULO1, Drafting Scenario, Contract Interpretation Exercise, Examination - 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 - 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)
- The essential principles and doctrines of Australian law and the Australian legal system
Relates to: ULO1, ULO2, Drafting Scenario, Contract Interpretation Exercise, Examination - The impact of technology on key areas of law and legal work
Relates to: ULO1, Drafting Scenario, Contract Interpretation Exercise, Examination - 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 - 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
Unit Outline: Semester 2 2024, Online
| Unit code: | LLB202 |
|---|---|
| Credit points: | 12 |
| Pre-requisite: | LLB102 or LWB148 |
| Anti-requisite: | LWB136, LWB137 |
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:
- Analyse issues and construct arguments to demonstrate an understanding of the principles of contract law and policy (CLOs 1.1, 1.3, 2.1)
- Apply the law of contract to problems and clearly communicate possible solutions (CLOs 1.1, 2.1, 4.1)
- Use legal drafting principles to re-draft contract clauses (CLOs 4.1)
- 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.
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.
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.
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)
- The essential principles and doctrines of Australian law and the Australian legal system
Relates to: ULO1, ULO2, Drafting Scenario, Contract Interpretation Exercise, Examination - The impact of technology on key areas of law and legal work
Relates to: ULO1, Contract Interpretation Exercise, Examination - 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 - 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 - Using effective oral, visual and other professional communication in diverse contexts
Relates to: Contract Interpretation Exercise
LW37 Bachelor of Laws (Honours) (Graduate Entry)
- The essential principles and doctrines of Australian law and the Australian legal system
Relates to: ULO1, ULO2, Drafting Scenario, Contract Interpretation Exercise, Examination - The impact of technology on key areas of law and legal work
Relates to: ULO1, Contract Interpretation Exercise, Examination - 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 - 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)
- The essential principles and doctrines of Australian law and the Australian legal system
Relates to: ULO1, ULO2, Drafting Scenario, Contract Interpretation Exercise, Examination - The impact of technology on key areas of law and legal work
Relates to: ULO1, Drafting Scenario, Contract Interpretation Exercise, Examination - 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 - 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)
- The essential principles and doctrines of Australian law and the Australian legal system
Relates to: ULO1, ULO2, Drafting Scenario, Contract Interpretation Exercise, Examination - The impact of technology on key areas of law and legal work
Relates to: ULO1, Drafting Scenario, Contract Interpretation Exercise, Examination - 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 - 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