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Unit outline_

LAWS5002: Contracts

Semester 1, 2023 [Normal evening] - Camperdown/Darlington, Sydney

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
Lecturer(s) Yane Svetiev, yane.svetiev@sydney.edu.au
Sarah Bradbury, sarah.bradbury@sydney.edu.au
Type Description Weight Due Length
Participation Class participation (20%)
Leading class discussion
0% Multiple weeks Class length
Outcomes assessed: LO1 LO7 LO6 LO5 LO4 LO3 LO2
Small continuous assessment In-class quizzes (30%)
In-class quizzes (3)
0% Multiple weeks 15-minutes / duration of semester
Outcomes assessed: LO1 LO7 LO6 LO5 LO4 LO3 LO2
Assignment Optional short-release assignment (50%)
Problem assignment
0% STUVAC
Due date: 29 May 2023 at 09:00

Closing date: 08 Jun 2023
3000 words / 10 days
Outcomes assessed: LO1 LO2 LO3 LO4 LO5 LO6 LO7
Assignment Optional final research essay (50%)
Research assignment
0% Week 13
Due date: 29 May 2023 at 09:00

Closing date: 07 Jul 2023
3000 words / 10 weeks
Outcomes assessed: LO1 LO2 LO3 LO4 LO5 LO6 LO7

Assessment summary

Class participation (20%): Class participation is based on two assigned panels for leading class discussion. Students will lead class discussion for panels that will be allocated by the second week of classes.  Students will be assigned to two panels and the final mark for this assessment will be based on the top mark out of the two marks received. Students who are unable to attend one of their allocated classes for participation will receive a final mark based on the other allocated class. Students who are unable to attend both of their allocated classes and obtain special consideration will be given an alternative or varied assessment task, the format to be determined by the unit coordinator. 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.

In-class quizzes (30%): Students will be required to complete 3 in-class quizzes during the semester covering the material studied up to that point. The duration of each quiz will be 15 to 20 minutes. Students will receive a mark for each quiz, but only the top two marks will be counted for the mark for this assessment. If a student misses one in-class quiz, the final mark will be based on the other two. If the student misses two in-class quizzes, the final mark will be based on the one remaining quiz. If the student misses all three in-class quizzes, the outcome of a successful special consideration application will be alternative/varied assessment, the format to be determined by the unit coordinator.

The format of the in-class quiz will be determined by the unit coordinator, either online or handwritten pen to paper.

Choice of 3000-word Final Short-release Problem assignment OR 3000-word Final Research essay (50%):

  • Final short-release problem question assignment to be released on 19 May 2023 at 9:00am Sydney, Australia time and to be submitted by 29 May 2023 9:00am, Sydney Australia time. You will have 10 days to submit your problem response. It will cover all topics. The outcome of a successful special consideration application for the final 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 20 March 2023 at 4:00pm and the essay and to be submitted by 29 May 2023 at 9:00am. It will cover all topics. 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. Citations according to AGLC4 required.

 

Use of editors and proof-readers: The use of assistance in preparing and editing assessment tasks in this unit of study is strictly prohibited. Assistance includes human and automated writing tools (not including spell checking). 

Word Limit Penalty: A piece of assessment which exceeds the prescribed word limit will attract a penalty of 10% of 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 all footnotes and any bibliography (if required). 


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:

The late submission of a piece of assessment, which has not been granted an extension, will attract a penalty of 10% of the total marks available for the piece of assessment per calendar day or part thereof.

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.

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.

WK Topic Learning activity Learning outcomes
Week 01 Introduction Seminar (3 hr) LO1 LO2 LO3 LO4 LO5 LO6 LO7
Week 02 Agreement Seminar (3 hr) LO1 LO2 LO3 LO4 LO5 LO6 LO7
Week 03 Certainty Seminar (3 hr) LO1 LO2 LO3 LO4 LO5 LO6 LO7
Week 04 Consideration Seminar (3 hr) LO1 LO2 LO3 LO4 LO5 LO6 LO7
Week 05 ITCLR and Formalities Seminar (3 hr) LO1 LO2 LO3 LO4 LO5 LO6 LO7
Week 06 Estoppel Seminar (3 hr) LO1 LO2 LO3 LO4 LO5 LO6 LO7
Week 07 Terms Seminar (3 hr) LO1 LO2 LO3 LO4 LO5 LO6 LO7
Week 08 Terms and Construction Seminar (3 hr) LO1 LO2 LO3 LO4 LO5 LO6 LO7
Week 09 Construction Seminar (3 hr) LO1 LO2 LO3 LO4 LO5 LO6 LO7
Week 10 Exclusion clauses and Privity Seminar (3 hr) LO1 LO2 LO3 LO4 LO5 LO6 LO7
Week 11 Discharge Seminar (3 hr) LO1 LO2 LO3 LO4 LO5 LO6 LO7
Week 12 Discharge Seminar (3 hr) LO1 LO2 LO3 LO4 LO5 LO6 LO7
Week 13 Discharge Seminar (3 hr) LO1 LO2 LO3 LO4 LO5 LO6 LO7

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. Failure to meet this requirement may result in a student being precluded from sitting the final assessment.  

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/c.php?g=508212&p=3476376  

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 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.

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

  • LO1. demonstrate 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. apply your knowledge of the material in the resolution of contract problems and in planning contractual relationships
  • LO5. think critically about the doctrines that govern contract law, their normative underpinnings and their contemporary relevance
  • LO6. construct legal arguments based on the studied materials and legal research to be able to influence the conduct of negotiations, as well as dispute resolution proceedings based on contract law
  • LO7. communicate your knowledge, problem-solving, and critical argumentation skills in written and oral form

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
GQ1 GQ2 GQ3 GQ4 GQ5 GQ6 GQ7 GQ8 GQ9

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.