Outline

Overview

Contract law provides the legal background for transactions involving the supply of goods and services and is, arguably the most significant means by which the ownership of property is transferred from one person to another. It vitally affects all members of the community and a thorough knowledge of contract law is essential to all practising lawyers. In the context of the law curriculum as a whole, Contracts provides background which is assumed knowledge in many other units. The aims of the course are composite in nature. The course examines the rules that regulate the creation, terms, performance, breach and discharge of a contract. Remedies and factors that may vitiate a contract such as misrepresentation are dealt with in Torts and Contracts II. The central aim of the course is to provide an understanding of the basic principles of contract law and how those principles are applied in practice to solve problems. Students will develop the skills of rules based reasoning and case law analysis. A second aim is to provide students an opportunity to critically evaluate and make normative judgments about the operation of the law. Successful completion of this unit of study is a prerequisite to the elective unit Advanced Contracts.

Unit details and rules

Academic unit	Law
Credit points	6
Prerequisites ?	None
Corequisites ?	None
Prohibitions ?	LAWS1015
Assumed knowledge ?	None
Available to study abroad and exchange students	No

Teaching staff

Coordinator	Yane Svetiev, yane.svetiev@sydney.edu.au
Tutor(s)	James Norton, jnor3780@sydney.edu.au

Type	Description	Weight	Due	Length
Final exam (Take-home short release)	Final exam (60%) Written exam, 3000 words	0%	Formal exam period	3 hours
Outcomes assessed:
Participation	Class Participation (10%) Read and prepare materials and problems and participate in class	0%	Multiple weeks	Assigned class panel
Outcomes assessed:
Assignment	Problem Question Assignment (30%) Problem based assignment question	0%	Week 08 Due date: 14 Apr 2022 at 20:00 Closing date: 24 Feb 2022	72 hours, 1500 words
Outcomes assessed:
Assignment	Research Essay (30%) Essay on topics 1-4	0%	Week 08 Due date: 14 Apr 2022 at 20:00 Closing date: 24 Apr 2022	One month / 2000 words
Outcomes assessed:
= Type D final exam ?

Assessment summary

Class participation (10%). Class participation is based on assigned panels for leading class discussion. Students will lead class discussion for the panels that will be allocated by Week 2. Students who are unable to make their allocated class must apply for special consideration and will be given an alternative or varied assessment task. A failure to lead the class discussion in the allocated class will result in a mark of 0 for the allocated panel and may lead to Absent Fail grade.

Choice of Problem question assignment OR Research essay (30%).

Mid-semester short-release problem question assignment will be released on 11 April 2022 at 8:00pm Sydney, Australia time and must be submitted by 14 April 2022 at 8:00pm, Sydney Australia time. You will have 72 hours to submit your problem response. It will cover Topics 1-4. The outcome of a successful special consideration application for the mid-semester problem question will ordinarily be an extension of time until the closing date (as specified in the Assessment Table), otherwise an alternative/varied assessment will be provided, the format to be determined by the unit coordinator.
The research essay topic will be released on 14 March 2022 at 9:00am and the essay will be due on 14 April 2022 at 8:00pm. It will principally cover Topics 1-4. The outcome of a successful special consideration application will be extension of time until the closing date (as specified in the Assessment Table) otherwise an alternative/varied assessment will be provided, the format to be determined by the unit coordinator.

Final exam (60%). Final exam will be held during the university formal exam period. It will be 3 hours + 30 minutes (including reading time) in duration. Outcome of special consideration application will be a replacement exam. For students who do not sit either the main or replacement exam, the outcome of special consideration will be an alternative/varied assessment (viva or oral exam).

Assessment requirement to pass a unit of study. A student must make a genuine attempt at all assessment tasks set out in this Unit of Study in order to obtain a Pass mark and grade (or above); otherwise an Absent Fail grade will be recorded as the student’s result for this Unit of Study.

Assessment criteria

The University awards common result grades, set out in the Coursework Policy 2014 (Schedule 1).

As a general guide, a high distinction indicates work of an exceptional standard, a distinction a very high standard, a credit a good standard, and a pass an acceptable standard.

Result name	Mark range	Description
High distinction	85 - 100	Completely answers the question. Contains striking originality of approach or analysis. Demonstrates exhaustive or innovative research (where independent research required). Exceptionally well written, structured and expressed. Is otherwise exceptional in some way.
Distinction	75 - 84	Completely answers the question. Achieves a critical and evaluative approach to the issues. Content and structure is well organised in support of the argument. Demonstrates extensive research and analysis to support a well-documented argument. Generally well expressed and free from errors. Has a clear structure and is well articulated.
Credit	65 - 74	Covers main issues fairly well in answering the question. Contains no significant errors. Demonstrates an attempted critical approach to the issues. Demonstrates reasonably sound research and analysis in addressing the key issues. Has a clear structure and reasonably clear expression.
Pass	50 - 64	Identifies the key issues, but does not follow through with a reasoned argument. Contains some significant errors. Displays satisfactory engagement with the key issues. Offers a descriptive summary of material relevant to the question. Superficial use of material, and may display a tendency to paraphrase. Demonstrates little evidence of in-depth research or analysis. Adequate expression. Overall, demonstrates the minimum level of competence in the assessment and satisfies the requirements to proceed to higher-level studies in the degree or subject area.
Fail	0 - 49	Does not answer the question. Contains significant or numerous errors. Few or no identifiable arguments. Content that is inappropriate or irrelevant. Lack of research or analysis. Difficult or impossible to understand through poor grammar, expression or structure. Overall, does not demonstrate the minimum level of competence in the assessment.

For more information see guide to grades.

Late submission

In accordance with University policy, these penalties apply when written work is submitted after 11:59pm on the due date:

Deduction of 5% of the maximum mark for each calendar day after the due date.
After ten calendar days late, a mark of zero will be awarded.

This unit has an exception to the standard University policy or supplementary information has been provided by the unit coordinator. This information is displayed below:

A late penalty of 10% per day or part thereof for the Mid-semester problem question assignment and Research essay will apply. Late penalties will not apply to the exam; if the exam paper is not submitted within the time limit students will need to apply for Special Consideration. Any successful Special Consideration application will result in a replacement exam.

Academic integrity

The Current Student website provides information on academic integrity and the resources available to all students. The University expects students and staff to act ethically and honestly and will treat all allegations of academic integrity breaches seriously.

We use similarity detection software to detect potential instances of plagiarism or other forms of academic integrity breach. If such matches indicate evidence of plagiarism or other forms of academic integrity breaches, your teacher is required to report your work for further investigation.

Use of generative artificial intelligence (AI) and automated writing tools

You may only use generative AI and automated writing tools in assessment tasks if you are permitted to by your unit coordinator. If you do use these tools, you must acknowledge this in your work, either in a footnote or an acknowledgement section. The assessment instructions or unit outline will give guidance of the types of tools that are permitted and how the tools should be used.

Your final submitted work must be your own, original work. You must acknowledge any use of generative AI tools that have been used in the assessment, and any material that forms part of your submission must be appropriately referenced. For guidance on how to acknowledge the use of AI, please refer to the AI in Education Canvas site.

The unapproved use of these tools or unacknowledged use will be considered a breach of the Academic Integrity Policy and penalties may apply.

Studiosity is permitted unless otherwise indicated by the unit coordinator. The use of this service must be acknowledged in your submission as detailed on the Learning Hub’s Canvas page.

Outside assessment tasks, generative AI tools may be used to support your learning. The AI in Education Canvas site contains a number of productive ways that students are using AI to improve their learning.

Learning support

Simple extensions

If you encounter a problem submitting your work on time, you may be able to apply for an extension of five calendar days through a simple extension.  The application process will be different depending on the type of assessment and extensions cannot be granted for some assessment types like exams.

Special consideration

If exceptional circumstances mean you can’t complete an assessment, you need consideration for a longer period of time, or if you have essential commitments which impact your performance in an assessment, you may be eligible for special consideration or special arrangements.

Special consideration applications will not be affected by a simple extension application.

Using AI responsibly

Co-created with students, AI in Education includes lots of helpful examples of how students use generative AI tools to support their learning. It explains how generative AI works, the different tools available and how to use them responsibly and productively.

Weekly schedule

WK	Topic	Learning activity
Week 01	Introduction	Seminar (3 hr)
Week 02	Agreement	Seminar (3 hr)
Week 03	Consideration	Seminar (3 hr)
Week 04	Certainty	Seminar (3 hr)
Week 05	ITCLR Formalities	Seminar (3 hr)
Week 06	Estoppel	Seminar (3 hr)
Week 07	Terms	Seminar (3 hr)
Week 08	Construction (Part 1)	Seminar (3 hr)
Week 09	Construction (Part 2)	Seminar (3 hr)
Week 10	Exclusions (Part 1)	Seminar (3 hr)
Week 11	Exclusions (Part 2)	Seminar (3 hr)
Week 12	Discharge (Part 1)	Seminar (3 hr)
Week 13	Discharge (Part 2)	Seminar (3 hr)

Attendance and class requirements

Attendance: All students are required to attend 70% of classes (or as otherwise specified by the Unit Coordinator) to satisfy the pass requirements for each unit of study. Attendance requirements may be satisfied by in person and/or online attendance as per the delivery mode of the unit. Failure to meet this requirement may result in a student being precluded from sitting the final assessment.

Word count: A piece of assessment which exceeds the prescribed word limit will attract a penalty of 10% pf the total marks available for the piece of assessment for every 100 words, or part thereof. The total word count for essay and other written assessments will: Exclude: bibliography; footnote numbers; footnote citation; cover page and Include: body text; headings and sub-headings; quotations; anything other than numbers and citations in footnotes.

Referencing: The Sydney Law School expects you to use the Australian Guide to Legal Citation (4th edition, 2018) for your footnoting style, although you should confirm this with your lecturer, and a link to the library website where this is set out comprehensively is available at https://libguides.library.usyd.edu.au/

Study commitment

Typically, there is a minimum expectation of 1.5-2 hours of student effort per week per credit point for units of study offered over a full semester. For a 6 credit point unit, this equates to roughly 120-150 hours of student effort in total.

Required readings

Casebook: Either Andrew Robertson, Jeannie Paterson, Contract: Cases and Materials (Thomson Reuters, 14th ed, 2020) or John Carter, Cases and Materials on Contract Law in Australia (LexisNexis, 7th ed, 2019).

Learning outcomes

Learning outcomes are what students know, understand and are able to do on completion of a unit of study. They are aligned with the University's graduate qualities and are assessed as part of the curriculum.

Outcomes
Graduate qualities

At the completion of this unit, you should be able to:

LO1. acquire a detailed knowledge of the assigned contract law topics, including the relevant case law, statutes, and secondary sources
LO2. appreciate the contexts within which lawyers use contract law and the kinds of problems they may encounter
LO3. actively engage with the relevant legal material
LO4. develop the capacity to apply their knowledge of the material in the resolution of contract problems and in planning contractual relationships, as well as to communicate their knowledge to different audiences
LO5. acquire the skill of thinking critically about the doctrines that govern contract law, their normative underpinnings and their contemporary relevance
LO6. demonstrate the capacity to construct legal arguments based on the studied materials so as to be able to influence the conduct of negotiations, as well as dispute resolution proceedings based on contract law

Graduate qualities

The graduate qualities are the qualities and skills that all University of Sydney graduates must demonstrate on successful completion of an award course. As a future Sydney graduate, the set of qualities have been designed to equip you for the contemporary world.

GQ1	Depth of disciplinary expertise Deep disciplinary expertise is the ability to integrate and rigorously apply knowledge, understanding and skills of a recognised discipline defined by scholarly activity, as well as familiarity with evolving practice of the discipline.
GQ2	Critical thinking and problem solving Critical thinking and problem solving are the questioning of ideas, evidence and assumptions in order to propose and evaluate hypotheses or alternative arguments before formulating a conclusion or a solution to an identified problem.
GQ3	Oral and written communication Effective communication, in both oral and written form, is the clear exchange of meaning in a manner that is appropriate to audience and context.
GQ4	Information and digital literacy Information and digital literacy is the ability to locate, interpret, evaluate, manage, adapt, integrate, create and convey information using appropriate resources, tools and strategies.
GQ5	Inventiveness Generating novel ideas and solutions.
GQ6	Cultural competence Cultural Competence is the ability to actively, ethically, respectfully, and successfully engage across and between cultures. In the Australian context, this includes and celebrates Aboriginal and Torres Strait Islander cultures, knowledge systems, and a mature understanding of contemporary issues.
GQ7	Interdisciplinary effectiveness Interdisciplinary effectiveness is the integration and synthesis of multiple viewpoints and practices, working effectively across disciplinary boundaries.
GQ8	Integrated professional, ethical, and personal identity An integrated professional, ethical and personal identity is understanding the interaction between one’s personal and professional selves in an ethical context.
GQ9	Influence Engaging others in a process, idea or vision.

Outcome map

Learning outcomes	Graduate qualities
Learning outcomes

Responding to student feedback

This section outlines changes made to this unit following staff and student reviews.

Changes to assessments and readings been made since this unit was last offered.

Disclaimer

The University reserves the right to amend units of study or no longer offer certain units, including where there are low enrolment numbers.

To help you understand common terms that we use at the University, we offer an online glossary.

Current students

Overview

Overview

Unit details and rules

Teaching staff

Assessment

Assessment

Assessment summary

Assessment criteria

Late submission

Academic integrity

Learning support

Learning support

Simple extensions

Special consideration

Using AI responsibly

Weekly schedule

Weekly schedule

Attendance and class requirements

Study commitment

Required readings

Learning outcomes

Learning outcomes

Graduate qualities

Outcome map

Responding to student feedback

Responding to student feedback

Disclaimer

On this page

Useful links

Media

Student links

About us

Connect

Current students

LAWS5002: Contracts

Semester 1, 2022 [Normal evening] - Camperdown/Darlington, Sydney

Overview

Overview

Unit details and rules

Teaching staff

Assessment

Assessment

Assessment summary

Assessment criteria

Late submission

Academic integrity

Learning support

Learning support

Simple extensions

Special consideration

Using AI responsibly

Weekly schedule

Weekly schedule

Attendance and class requirements

Study commitment

Required readings

Learning outcomes

Learning outcomes

Graduate qualities

Outcome map

Responding to student feedback

Responding to student feedback

Disclaimer

On this page

Useful links

Media

Student links

About us

Connect