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Unit of study_

LAWS5102: Advanced Contracts

Semester 2, 2020 [Normal day] - Camperdown/Darlington, Sydney

The unit of study builds on the knowledge students have gained in the core contracts courses (Contracts and Torts and Contracts 2). The specific focus of the Advanced Contracts unit of study is on the regulatory dimension of contracts and contract law. During the unit we will study the regulatory aspect of common law contracts doctrines and the forms of regulation of contractual relations whereby contracts and contract law are used to achieve different public policy goals. The unit of study will provide opportunities to deepen your knowledge of the regulation of contracts from a practical perspective (focusing on current legal and policy problems), while also allowing interested students to engage in a research task either on a practical legal problem or one that has a scholarly dimension. The background material studied in the unit of study will be used to reflect on public policy debates (such as the Financial Services Royal Commission focusing on private law relationships in the financial services sector). The different case studies examined in the unit of study will be used to re-examine some of the fundamental underlying principles of contract law and the various statutory interventions in this field.

Unit details and rules

Unit code LAWS5102
Academic unit Law
Credit points 6
Prohibitions
? 
None
Prerequisites
? 
LAWS5002 and LAWS5008 and LAWS5015
Corequisites
? 
None
Assumed knowledge
? 

None

Available to study abroad and exchange students

Yes

Teaching staff

Coordinator Yane Svetiev, yane.svetiev@sydney.edu.au
Type Description Weight Due Length
Presentation hurdle task Class presentation
Compulsory oral presentation
0% Multiple weeks n/a
Outcomes assessed: LO1 LO7 LO6 LO5 LO4 LO3
Small continuous assessment hurdle task Reaction paper
Compulsory reaction paper
0% Multiple weeks 2 x 800 words
Outcomes assessed: LO1 LO6 LO3
Assignment hurdle task Final short-release assessment
24 hour assessment (optional 60%)
0% Week 12
Due date: 19 Nov 2020 at 16:00

Closing date: 19 Nov 2020
24 hour assessment (optional 60%)
Outcomes assessed: LO1 LO2 LO3 LO4 LO5
Assignment Research paper
Based on the class presentation, research paper on a case study.
0% Week 12
Due date: 19 Nov 2020 at 16:00

Closing date: 19 Nov 2020
5000 words (optional 60%)
Outcomes assessed: LO1 LO2 LO3 LO4 LO5 LO6 LO7
hurdle task = hurdle task ?

Assessment summary

  • Reaction paper: Each student will be asked to write two reaction papers in which they outline and critically reflect on the argument presented in the assigned readings and cases for the class. This assessment is worth 20% of the final mark.
  • Class presentation: Each student will give a class presentation on a chosen topic of regulatory contract law. Students who opt to write a research paper for the final assessment will present a preliminary draft version of the argument of their paper. Students who opt to complete a short-release assignment must still choose a specific topic to present to the class. In choosing a topic for the research paper or presentation, students should consult the list of current topics and policy problems examined in the media stories provided at the end of the unit of study outline. This assessment task is worth 20% of the final mark.
  • Research paper or 24 hour short release assignment: Students are strongly encouraged to write a 5000 words research paper examining a current legal problem in contractual relations, which has a scholarly focus, a doctrinal focus or a policy focus. The lecturer will assist students to develop a workable research paper topic based on their own area of interest. In lieu of the research paper, students can also opt for a 24 hour short release assignment.  This assessment task is worth 60% of the final mark.

A student must make a satisfactory attempt at all assessment tasks set out for 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.

Detailed information for each assessment can be found on Canvas.

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.

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.

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 and course content Seminar (2 hr)  
Contract law and competition Seminar (2 hr)  
Week 02 Welfarism in contract law Seminar (2 hr)  
Welfarism in equity Seminar (2 hr)  
Week 03 Just prices and sectoral regulation Seminar (2 hr)  
Regulatory private law in financial markets Seminar (2 hr)  
Week 04 Commercial contracts Seminar (2 hr)  
Commercial contracts and formalism Seminar (2 hr)  
Week 05 Statutory interventions and contract law 1 Seminar (2 hr)  
Statutory interventions and contract law 2 Seminar (2 hr)  
Week 07 Dispute resolution Seminar (2 hr)  
Dispute resolution: alternatives to courts Seminar (2 hr)  
Week 08 The regulatory role of equity Seminar (2 hr)  
Case studies: Banking Royal Commission Seminar (2 hr)  
Week 09 Case studies: Private health insurance Seminar (2 hr)  
Case studies: Tenancy Seminar (2 hr)  
Week 10 Case studies: Online platforms Seminar (2 hr)  
Case studies: Superannuation Seminar (2 hr)  
Week 11 Case studies: Dispute resolution Seminar (2 hr)  
Case studies: Public Utilities Seminar (2 hr)  

Attendance and class requirements

 

  • Word count 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: 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 guide: The Sydney Law School expects you to use the most recent version of 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 website where this is set out comprehensively is available at About the Australian Guide to Legal Citation (AGLC).

 

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

There is no prescribed text for the unit.  A detailed reading list will be provided on Canvas.

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. develop a detailed understanding of the regulatory dimension of contract law by contrast to the classical theories of contract law studied in the elementary private law courses
  • LO2. identify the regulatory dimensions of classical contract law doctrines and understand how such doctrines have evolved
  • LO3. appreciate the contexts in which contract law has an important regulatory dimension, including in the construction and regulation of markets
  • LO4. appreciate the settings within which lawyers might encounter the problems discussed in the course
  • LO5. appreciate the reasons for and possible outcomes of law reform exercises in contract law
  • LO6. develop a critical understanding of the standard accounts of the form and function of contract law and be able to reflect on the drivers of transformation of contract law both substantively and institutionally
  • LO7. apply the insights gained in the course to contemporary legal problems and policy debates.

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.

No changes since the 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.