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

Unit code	LAWS5002
Academic unit	Law
Credit points	6
Prohibitions ?	LAWS1015
Prerequisites ?	None
Corequisites ?	None
Assumed knowledge ?	None
Available to study abroad and exchange students	No

Teaching staff

Coordinator	Bing Ling, bing.ling@sydney.edu.au
Lecturer(s)	Sarah Bradbury, sarah.bradbury@sydney.edu.au

Type	Description	Weight	Due	Length
Supervised exam ?	Final Exam (60%) Final examination, On-campus	60%	Formal exam period	2 hours
Outcomes assessed:
Participation	Class participation (20%) Leading class discussion	20%	Multiple weeks	Class length
Outcomes assessed:
Small continuous assessment	In-class quizzes (20%) In-class quizzes (2)	20%	Multiple weeks	2x 30-minute quizzes
Outcomes assessed:
Small test	Early Feedback Task (0%) Multiple choice questions	0%	Week 03 Due date: 10 Mar 2024 at 10:00 Closing date: 10 Mar 2024	10 questions / 30 mins
Outcomes assessed:

Assessment summary

Early Feedback Task (0%): This quiz asks you to review the content covered in Seminars 1 - 4 (that is, materials covered up to an including week 3 of term). While it does not contribute to your final grade, completing the quiz is a requirement for completing this unit. The quiz will be available from 26 February 2024 at 9am, Sydney Australia time. The quiz contains ten (10) questions, and you must answer them within 30 minutes. The quiz must be completed by 10 March 2024 at 12pm, Sydney Australia time. Once you have completed the quiz, you will receive a score and feedback on both correct and incorrect answers.

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 (20%): Students will be required to complete 2 in-class quizzes during the semester covering the material studied up to that point. The duration of each quiz will be 30 minutes. Students will receive a mark for each quiz, but only the top mark will be counted as the mark for this assessment. If a student misses one in-class quiz, the final mark will be based on the other quiz. If the student misses all 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 handwritten pen to paper. The date of the quiz will be announced by the unit co-ordinator in advance.

Final exam (60%): There will be a final exam during the formal examination period of the semester. The exam will be open book (hard copy/ printed materials only, no electronic devices) covering all topics in the unit. It will consist of two problem questions and students are given 2 hours plus 30 minutes of reading time; total duration is 2.5 hours. Students are required to answer both questions. The mark for the final exam will count for 60% of the total mark. If a student is absent from the final exam, a successful outcome of the special consideration application will be a replacement exam in the first instance.

Special consideration: Successful grants of Special Consideration may involve alternative tasks, as appropriate.

Assessment requirements 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 2021 (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:

Late penalties do not apply to exams and tests and any late submission will not be accepted.

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.

You may only use artificial intelligence and writing assistance tools in assessment tasks if you are permitted to by your unit coordinator, and if you do use them, you must also acknowledge this in your work, either in a footnote or an acknowledgement section.

Studiosity is permitted for postgraduate units unless otherwise indicated by the unit coordinator. The use of this service must be acknowledged in your submission.

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.

Support for students

The Support for Students Policy 2023 reflects the University’s commitment to supporting students in their academic journey and making the University safe for students. It is important that you read and understand this policy so that you are familiar with the range of support services available to you and understand how to engage with them.

The University uses email as its primary source of communication with students who need support under the Support for Students Policy 2023. Make sure you check your University email regularly and respond to any communications received from the University.

Learning resources and detailed information about weekly assessment and learning activities can be accessed via Canvas. It is essential that you visit your unit of study Canvas site to ensure you are up to date with all of your tasks.

If you are having difficulties completing your studies, or are feeling unsure about your progress, we are here to help. You can access the support services offered by the University at any time:

Support and Services (including health and wellbeing services, financial support and learning support)
Course planning and administration
Meet with an Academic Adviser

Weekly schedule

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

Attendance and class requirements

Attendance: All students are required to attend at least 70% of classes to satisfy the pass requirements for each unit of study. Failure to meet this requirement may result in a student being precluded from undertaking the final assessment.

For units offered in Intensive mode, participation in all scheduled sessions may be expected by a Unit Coordinator in order to satisfy the requirements of the unit.

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 Referencing and Citation Styles: AGLC4 

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. 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
Learning outcomes

Responding to student feedback

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

Changes to assessments and readings have 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

Support for students

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, 2024 [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

Support for students

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