LAW 7128 - Advanced Contract Law
North Terrace Campus - Summer - 2014
General Course Information
Course Code LAW 7128 Course Advanced Contract Law Coordinating Unit Adelaide Law School Term Summer Level Postgraduate Coursework Location/s North Terrace Campus Units 3 Contact Intensive Prerequisites Non-Law graduates must complete LAW 7094 or equivalent & LAW 7092 or equivalent Course Description The law of contract is of fundamental importance in regulating commercial and other transactions. This course will examine recent developments and emerging issues in this core area of law. Possible topics include:
-the control of unconscionable conduct and unfair contract terms;
-obligations of good faith and fair dealing;
-requirements to disclose information in pre-contractual negotiations;
-the interpretation of contracts and the principle of 'commercial construction';
-the use of exclusion and indemnity clauses;
-assessing damages for breach of contract;
-the status of preliminary agreements;
-illegality, public policy and the doctrine of restraint of trade; and
-the regulation of international contracts.
These and other important aspects of the law of contract will be addressed from a practical, commercial and comparative perspective.
Course Coordinator: Professor Andrew Stewart
The full timetable of all activities for this course can be accessed from Course Planner.
Dates to be confirmed
Law School, Ligertwood Building, Room 1.10
Course Learning OutcomesKnowledge and Understanding
This course is designed to study recent developments and emerging issues in the law of contract.
Students who complete the course should:
1. have an advanced understanding of the principles of Australian contract law regarding the topics covered in the course;
2. be able to apply those principles to problem-solving exercises;
3. understand how Australian law differs from approaches taken in other countries in certain respects;
4. understand the social and practical context in which Australian contract law operates;
5. be able to critically evaluate the purposes and effects of Australian contract law;
6. develop students’ abilities to discuss issues and problems and to lead discussion on selected parts of the course materials.
University Graduate Attributes
This course will provide students with an opportunity to develop the Graduate Attribute(s) specified below:
University Graduate Attribute Course Learning Outcome(s) Knowledge and understanding of the content and techniques of a chosen discipline at advanced levels that are internationally recognised. 1, 3, 4 The ability to locate, analyse, evaluate and synthesise information from a wide variety of sources in a planned and timely manner. 2, 5 An ability to apply effective, creative and innovative solutions, both independently and cooperatively, to current and future problems. 2, 5 Skills of a high order in interpersonal understanding, teamwork and communication. 6 A proficiency in the appropriate use of contemporary technologies. 1 A commitment to continuous learning and the capacity to maintain intellectual curiosity throughout life. 2, 5 A commitment to the highest standards of professional endeavour and the ability to take a leadership role in the community. 1, 4, 5, 6 An awareness of ethical, social and cultural issues within a global context and their importance in the exercise of professional skills and responsibilities. 2, 5
Required ResourcesThe recommended text book is Paterson, Robertson and Duke, Principles of Contract Law, Thomson, 4th ed, 2012.
If you have an earlier edition of this text, or one of the other books listed below, you may use that instead – but you should note that it may not deal with the important changes introduced by the Australian Consumer Law, which took effect in 2010–11.
Recommended ResourcesHere are some other texts that students might wish to use for reference, in addition to the prescribed text:
- Carter, Contract Law in Australia, Lexis Nexis, 6th ed, 2013
- Willmott, Christensen, Butler and Dixon, Contract Law, OUP, 4th ed, 2013
- Seddon, Bigfoot and Ellinghaus, Cheshire & Fifoot’s Law of Contract, Lexis Nexis, 10th Aust ed, 2012
- Carter, Carter’s Guide to Australian Contract Law, Lexis Nexis, 2nd ed, 2010
- Paterson, Robertson and Duke, Contract: Cases and Materials, Thomson, 12th ed, 2012
- Carter, Cases and Materials on Contract Law in Australia, Lexis Nexis, 6th ed, 2012
Online LearningMyUni will be used to post announcements, post additional lecture materials (including slides) and announce assignment tasks. It will also contain electronic copies of the Course Profile, Seminar Guide, and Course Materials.
Students are expected to check MyUni regularly to keep up to date with these materials and additional learning resources throughout the course.
Learning & Teaching Activities
Learning & Teaching ModesThis course is no longer being offered in Summer School.
No information currently available.
Learning Activities Summary
No information currently available.
Specific Course RequirementsNone
Small Group Discovery ExperienceNot applicable
The University's policy on Assessment for Coursework Programs is based on the following four principles:
- Assessment must encourage and reinforce learning.
- Assessment must enable robust and fair judgements about student performance.
- Assessment practices must be fair and equitable to students and give them the opportunity to demonstrate what they have learned.
- Assessment must maintain academic standards.
% of final mark Due Date Learning Objectives Take home exam 30 (TBA) 1, 2, 6 Research Essay (5500 words) 70 (TBA) 1, 3, 4, 5, 6
Assessment Related RequirementsCriteria that will be used to assess students’ work will be distributed with the essay topics and take-home exam.
Assessment DetailTake-home exam 30%
A short exam paper requiring an answer of up to 2,500 words, released on (TBA)
Due Date: (TBA) 2.00 pm
Research essay 70%
An essay of up to 5,500 words, on a topic chosen from a list distributed at the end of classes, or alternatively proposed by the student and approved by the course co-ordinator.
Due Date: (TBA) 2.00 pm
Both assignments must be submitted in order to pass the course. In addition, students must attend at least 6 out of 8 classes in order to pass the course. This requirement will only be waived in compelling circumstances.
Submission1. Students must retain a copy of all assignments submitted.
2. All assignments must be submitted via Turnitin on MyUni. By submitting their assignment each student agrees and declares that:
- all material in the assignment is their own work, except where there is clear acknowledgement and reference to the work of others
- they have read the University's Policy on Academic Honesty, and
- they give permission for their work to be reproduced and submitted to other academic staff for the purposes of assessment and to be copied, submitted and retained in a form suitable for electronic checking of plagiarism.
4. A penalty of 5% will apply for every 10% (or part thereof) by which assignments exceed the maximum word length.
5. Students must not submit work for an assignment that has previously been submitted for this course or any other course without prior approval from the course co-ordinator.
Grades for your performance in this course will be awarded in accordance with the following scheme:
M10 (Coursework Mark Scheme) Grade Mark Description FNS Fail No Submission F 1-49 Fail P 50-64 Pass C 65-74 Credit D 75-84 Distinction HD 85-100 High Distinction CN Continuing NFE No Formal Examination RP Result Pending
Further details of the grades/results can be obtained from Examinations.
Grade Descriptors are available which provide a general guide to the standard of work that is expected at each grade level. More information at Assessment for Coursework Programs.Courses for which a result of conceded pass has been obtained may not be presented towards the degree requirements for the Bachelor of Laws or the Honours Degree of Bachelor of Laws programs, or any postgraduate law program, nor to satisfy prerequisite requirements within any law course.
Final results for this course will be made available through Access Adelaide.
The University places a high priority on approaches to learning and teaching that enhance the student experience. Feedback is sought from students in a variety of ways including on-going engagement with staff, the use of online discussion boards and the use of Student Experience of Learning and Teaching (SELT) surveys as well as GOS surveys and Program reviews.
SELTs are an important source of information to inform individual teaching practice, decisions about teaching duties, and course and program curriculum design. They enable the University to assess how effectively its learning environments and teaching practices facilitate student engagement and learning outcomes. Under the current SELT Policy (http://www.adelaide.edu.au/policies/101/) course SELTs are mandated and must be conducted at the conclusion of each term/semester/trimester for every course offering. Feedback on issues raised through course SELT surveys is made available to enrolled students through various resources (e.g. MyUni). In addition aggregated course SELT data is available.RETURN OF ASSIGNMENTS AND FEEDBACK
Essays will be returned to students within 4 weeks of the due date with written feedback.
COURSE RESULTS AND GRADES
Course results will be available within 4 weeks of the final examination/assignment. University staff are not permitted to provide results to students over the telephone or by email. When results are approved and finalised they are available through Access Adelaide: http://www.adelaide.edu.au/access/
For a description of grades, refer to: http://www.adelaide.edu.au/policies/701/
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The Writing Centre is open during the semester and bookings are recommended through the Law School Front Office.
Policies & Guidelines
This section contains links to relevant assessment-related policies and guidelines - all university policies.
Plagiarism and other forms of cheating
- Academic Credit Arrangement Policy
- Academic Honesty Policy
- Academic Progress by Coursework Students Policy
- Assessment for Coursework Programs
- Copyright Compliance Policy
- Coursework Academic Programs Policy
- Elder Conservatorium of Music Noise Management Plan
- Intellectual Property Policy
- IT Acceptable Use and Security Policy
- Modified Arrangements for Coursework Assessment
- Student Experience of Learning and Teaching Policy
- Student Grievance Resolution Process
Plagiarism is a serious act of academic misconduct. All students must be familiar with the assessment policies webpage http://www.law.adelaide.edu.au/students/assessment/, and should note in particular the sections relating to plagiarism, grievance procedures and academic conduct within the Law School and the University.
Plagiarism is a serious matter and is treated as such by the Law School and the University. Please be aware that “academic dishonesty” (which goes beyond plagiarism) can be a ground for a refusal by the Supreme Court of South Australia to refuse to admit a person to practice as a legal practitioner in South Australia.
Academic honesty is an essential aspect of ethical and honest behaviour, which is central to the practice of the law and an understanding of what it is to be a lawyer.
Students are reminded that in order to maintain the academic integrity of all programs and courses, the university has a zero-tolerance approach to students offering money or significant value goods or services to any staff member who is involved in their teaching or assessment. Students offering lecturers or tutors or professional staff anything more than a small token of appreciation is totally unacceptable, in any circumstances. Staff members are obliged to report all such incidents to their supervisor/manager, who will refer them for action under the university's student’s disciplinary procedures.
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