General Information
Contract Law A is a compulsory subject in the Juris Doctor program offered by the Faculty of Law. The subject examines the nature and preconditions of contractual liability. This includes study of the requirements for the formation of a contract, the law's approach to terms that comprise a contract, and the various ways in which a contract might be discharged. Emphasis is placed on the development of the following skills: dispute resolution and collaboration, and legal ethics and professionalism.
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Details
Academic unit: Faculty of Law Subject code: LAWS75-201 Subject title: Contract Law A Subject level: Postgraduate Semester/Year: May 2019 Credit points: 10.000 -
Delivery & attendance
Timetable: https://bond.edu.au/timetable Delivery mode: Standard Workload items: - Lecture: x12 (Total hours: 24) - Weekly Lecture
- Tutorial: x12 (Total hours: 12) - Weekly Tutorial
- Personal Study Hours: x12 (Total hours: 84) - Recommended Study Hours
Attendance and learning activities: Students should attend all classes. Most classes build on the work of the previous one. The lecture is recorded and, subject to any technical problems that may arise, will be available for video streaming. Some lectures may be pre-recorded. Attendance of the tutorials is compulsory and students will be penalised for non-attendance. Students are not permitted to change tutorial groups without the express permission of Student Assist. Accordingly, students should attend at their registered tutorial group each week, although occasional exceptions may be made in exceptional circumstances. The skills assessment in this subject (a transactional negotiation) is a team-based activity. Each student will be required to meet and work with their team in preparing for and participating in this task. Each negotiation will be conducted in Week 9 and attendance and participation is required. -
Resources
Prescribed resources: Books
- Jeannie Marie Paterson,Andrew Robertson,Arlen Duke (2015). Principles of Contract Law. 5th, Thomson Reuters
iLearn@Bond & Email: iLearn@Bond is the online learning environment at Bond University and is used to provide access to subject materials, lecture recordings and detailed subject information regarding the subject curriculum, assessment and timing. Both iLearn and the Student Email facility are used to provide important subject notifications. Additionally, official correspondence from the University will be forwarded to students’ Bond email account and must be monitored by the student. To access these services, log on to the Student Portal from the Bond University website as www.bond.edu.au
| Academic unit: | Faculty of Law |
|---|---|
| Subject code: | LAWS75-201 |
| Subject title: | Contract Law A |
| Subject level: | Postgraduate |
| Semester/Year: | May 2019 |
| Credit points: | 10.000 |
| Timetable: | https://bond.edu.au/timetable |
|---|---|
| Delivery mode: | Standard |
| Workload items: |
|
| Attendance and learning activities: | Students should attend all classes. Most classes build on the work of the previous one. The lecture is recorded and, subject to any technical problems that may arise, will be available for video streaming. Some lectures may be pre-recorded. Attendance of the tutorials is compulsory and students will be penalised for non-attendance. Students are not permitted to change tutorial groups without the express permission of Student Assist. Accordingly, students should attend at their registered tutorial group each week, although occasional exceptions may be made in exceptional circumstances. The skills assessment in this subject (a transactional negotiation) is a team-based activity. Each student will be required to meet and work with their team in preparing for and participating in this task. Each negotiation will be conducted in Week 9 and attendance and participation is required. |
| Prescribed resources: | Books
|
|---|---|
| iLearn@Bond & Email: | iLearn@Bond is the online learning environment at Bond University and is used to provide access to subject materials, lecture recordings and detailed subject information regarding the subject curriculum, assessment and timing. Both iLearn and the Student Email facility are used to provide important subject notifications. Additionally, official correspondence from the University will be forwarded to students’ Bond email account and must be monitored by the student. To access these services, log on to the Student Portal from the Bond University website as www.bond.edu.au |
Enrolment requirements
| Requisites: |
Nil |
|---|---|
| Assumed knowledge: |
Assumed knowledge is the minimum level of knowledge of a subject area that students are assumed to have acquired through previous study. It is the responsibility of students to ensure they meet the assumed knowledge expectations of the subject. Students who do not possess this prior knowledge are strongly recommended against enrolling and do so at their own risk. No concessions will be made for students’ lack of prior knowledge. Assumed Prior Learning (or equivalent):
|
| Restrictions: |
Nil |
Assurance of learning
Assurance of Learning means that universities take responsibility for creating, monitoring and updating curriculum, teaching and assessment so that students graduate with the knowledge, skills and attributes they need for employability and/or further study.
At Bond University, we carefully develop subject and program outcomes to ensure that student learning in each subject contributes to the whole student experience. Students are encouraged to carefully read and consider subject and program outcomes as combined elements.
Program Learning Outcomes (PLOs)
Program Learning Outcomes provide a broad and measurable set of standards that incorporate a range of knowledge and skills that will be achieved on completion of the program. If you are undertaking this subject as part of a degree program, you should refer to the relevant degree program outcomes and graduate attributes as they relate to this subject.
Subject Learning Outcomes (SLOs)
On successful completion of this subject the learner will be able to:
- Demonstrate advanced and integrated understanding of the following legal topics: rules of formation of contracts; content of contracts; construction of contract terms; and discharge of contracts.
- Demonstrate competency in exercising the following skill at an intermediate level, with creativity, initiative and autonomy: dispute resolution and collaboration; and legal ethics and professionalism skills.
- Adhere to the highest standards of professionalism, including a commitment to: learning and working autonomously, accountably and reflectively; behaving ethically and responsibly; and managing time effectively and meeting deadlines.
Generative Artificial Intelligence in Assessment
The University acknowledges that Generative Artificial Intelligence (Gen-AI) tools are an important facet of contemporary life. Their use in assessment is considered in line with students’ development of the skills and knowledge which demonstrate learning outcomes and underpin study and career success. Instructions on the use of Gen-AI are given for each assessment task; it is your responsibility to adhere to these instructions.
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Assessment details
Type Task % Timing* Outcomes assessed Paper-based Examination (Open) End of Semester Examination 50% Final Examination Period 1,3 Negotiation§ Skills Assessment - Dispute resolution and collaboration, and Legal ethics and professionalism. Team transactional negotiation. Includes a written negotiation planner and reflection. 25% Week 9 1,2,3 *Class Participation Class Participation Includes a written answer to an exam-style tutorial question that will be submitted for feedback and assessment. 25% Weekly 1,3 - § Indicates group/teamwork-based assessment
- * Assessment timing is indicative of the week that the assessment is due or begins (where conducted over multiple weeks), and is based on the standard University academic calendar
- C = Students must reach a level of competency to successfully complete this assessment.
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Assessment criteria
Assessment criteria
High Distinction 85-100 Outstanding or exemplary performance in the following areas: interpretative ability; intellectual initiative in response to questions; mastery of the skills required by the subject, general levels of knowledge and analytic ability or clear thinking. Distinction 75-84 Usually awarded to students whose performance goes well beyond the minimum requirements set for tasks required in assessment, and who perform well in most of the above areas. Credit 65-74 Usually awarded to students whose performance is considered to go beyond the minimum requirements for work set for assessment. Assessable work is typically characterised by a strong performance in some of the capacities listed above. Pass 50-64 Usually awarded to students whose performance meets the requirements set for work provided for assessment. Fail 0-49 Usually awarded to students whose performance is not considered to meet the minimum requirements set for particular tasks. The fail grade may be a result of insufficient preparation, of inattention to assignment guidelines or lack of academic ability. A frequent cause of failure is lack of attention to subject or assignment guidelines. Quality assurance
For the purposes of quality assurance, Bond University conducts an evaluation process to measure and document student assessment as evidence of the extent to which program and subject learning outcomes are achieved. Some examples of student work will be retained for potential research and quality auditing purposes only. Any student work used will be treated confidentially and no student grades will be affected.
| Type | Task | % | Timing* | Outcomes assessed |
|---|---|---|---|---|
| Paper-based Examination (Open) | End of Semester Examination | 50% | Final Examination Period | 1,3 |
| Negotiation§ | Skills Assessment - Dispute resolution and collaboration, and Legal ethics and professionalism. Team transactional negotiation. Includes a written negotiation planner and reflection. | 25% | Week 9 | 1,2,3 |
| *Class Participation | Class Participation Includes a written answer to an exam-style tutorial question that will be submitted for feedback and assessment. | 25% | Weekly | 1,3 |
- § Indicates group/teamwork-based assessment
- * Assessment timing is indicative of the week that the assessment is due or begins (where conducted over multiple weeks), and is based on the standard University academic calendar
- C = Students must reach a level of competency to successfully complete this assessment.
Assessment criteria
| High Distinction | 85-100 | Outstanding or exemplary performance in the following areas: interpretative ability; intellectual initiative in response to questions; mastery of the skills required by the subject, general levels of knowledge and analytic ability or clear thinking. |
|---|---|---|
| Distinction | 75-84 | Usually awarded to students whose performance goes well beyond the minimum requirements set for tasks required in assessment, and who perform well in most of the above areas. |
| Credit | 65-74 | Usually awarded to students whose performance is considered to go beyond the minimum requirements for work set for assessment. Assessable work is typically characterised by a strong performance in some of the capacities listed above. |
| Pass | 50-64 | Usually awarded to students whose performance meets the requirements set for work provided for assessment. |
| Fail | 0-49 | Usually awarded to students whose performance is not considered to meet the minimum requirements set for particular tasks. The fail grade may be a result of insufficient preparation, of inattention to assignment guidelines or lack of academic ability. A frequent cause of failure is lack of attention to subject or assignment guidelines. |
Quality assurance
For the purposes of quality assurance, Bond University conducts an evaluation process to measure and document student assessment as evidence of the extent to which program and subject learning outcomes are achieved. Some examples of student work will be retained for potential research and quality auditing purposes only. Any student work used will be treated confidentially and no student grades will be affected.
Study Information
Submission procedures
Students must check the iLearn@Bond subject site for detailed assessment information and submission procedures.
Policy on late submission and extensions
A late penalty will be applied to all overdue assessment tasks unless an extension is granted by the subject coordinator. The standard penalty will be 10% of marks awarded to that assessment per day late with no assessment to be accepted seven days after the due date. Where a student is granted an extension, the penalty of 10% per day late starts from the new due date.
Academic Integrity
University’s Academic Integrity Policy defines plagiarism as the act of misrepresenting as one’s own original work: another’s ideas, interpretations, words, or creative works; and/or one’s own previous ideas, interpretations, words, or creative work without acknowledging that it was used previously (i.e., self-plagiarism). The University considers the act of plagiarising to be a breach of the Student Conduct Code and, therefore, subject to the Discipline Regulations which provide for a range of penalties including the reduction of marks or grades, fines and suspension from the University.
Bond University utilises Originality Reporting software to inform academic integrity.Feedback on assessment
Feedback on assessment will be provided to students within two weeks of the assessment submission due date, as per the Assessment Policy.
Accessibility and Inclusion Support
If you have a disability, illness, injury or health condition that impacts your capacity to complete studies, exams or assessment tasks, it is important you let us know your special requirements, early in the semester. Students will need to make an application for support and submit it with recent, comprehensive documentation at an appointment with a Disability Officer. Students with a disability are encouraged to contact the Disability Office at the earliest possible time, to meet staff and learn about the services available to meet your specific needs. Please note that late notification or failure to disclose your disability can be to your disadvantage as the University cannot guarantee support under such circumstances.
Additional subject information
Subject curriculum
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Introduction
Introduction.
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Formation of contract
Agreement (offer and acceptance); Intention to create legal relations; Certainty and completeness; Consideration.
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Estoppel
Estoppel.
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Privity; Assignment
Privity; Assignment.
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Capacity
Capacity.
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Formalities
Formalities.
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Contractual terms
Express terms (including incorporation); Implied terms; Construction.
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Performance and discharge
Performance; Discharge by performance; Contract price as a debt; Termination for breach, delay and repudiation; Frustration; Discharge by agreement; Failure of contingent condition.
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Revision (if time permits)
Revision (if time permits)