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Unit of study_

LAWS5102: Advanced Contracts

Semester 2, 2023 [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
? 
None
Corequisites
? 
None
Assumed knowledge
? 

None

Available to study abroad and exchange students

Yes

Teaching staff

Coordinator Yane Svetiev, yane.svetiev@sydney.edu.au
Lecturer(s) Yane Svetiev, yane.svetiev@sydney.edu.au
Type Description Weight Due Length
Presentation hurdle task Class presentation
Oral presentation
20% Multiple weeks 15-20 minutes
Outcomes assessed: LO1 LO7 LO6 LO5 LO4 LO3
Small continuous assessment hurdle task Reaction paper
Reaction paper
20% Multiple weeks 2 x 800 words (max) per reaction paper
Outcomes assessed: LO4 LO6 LO3 LO1
Assignment Research paper
Research paper on a case study based on the class presentation
60% Week 12
Due date: 25 Oct 2023 at 09:00

Closing date: 29 Nov 2023
4000 words (max) / 8 weeks
Outcomes assessed: LO1 LO2 LO3 LO4 LO5 LO6 LO7
hurdle task = hurdle task ?

Assessment summary

  • Reaction paper (20%): Each student will be asked to write two reaction papers (maximum 800 words per paper) in which they outline and critically reflect on the argument presented in  assigned readings and cases for the class and to contribute to the class discussion of those pieces. This assessment is worth 20% of the final mark. The reaction papers should be posted on the class discussion board.
  • Class presentation (20%): Each student will give a class presentation of approximately 15-20 minutes on a chosen topic of regulatory contract law. The presentation will provide a preliminary draft version of the argument that will form the basis of and be developed further in the student's final research paper.  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 (60%): Students choose a current legal issue in contractual relations. Using a scholarly, doctrinal, or policy focus, the research paper will address the chosen issue.  The word limit for the paper is 4000 words.  The paper will be due on Wednesday 25 October 2023 at 9am, Sydney, Australia time.  The research paper is worth 60% of the final mark.

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).  

Use of editors or 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). The use of Studiosity does not breach this rule but must be acknowledged.

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 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 02 Introduction and course content Seminar (2 hr) LO1 LO2 LO3 LO4 LO5 LO6 LO7
Contract law and competition Seminar (2 hr) LO1 LO2 LO3 LO4 LO5 LO6 LO7
Week 03 Welfarism in contract law Seminar (2 hr) LO1 LO2 LO3 LO4 LO5 LO6 LO7
Welfarism in equity Seminar (2 hr) LO1 LO2 LO3 LO4 LO5 LO6 LO7
Week 04 Just prices and sectoral regulation Seminar (2 hr) LO1 LO2 LO3 LO4 LO5 LO6 LO7
Regulatory private law in financial markets Seminar (2 hr) LO1 LO2 LO3 LO4 LO5 LO6 LO7
Week 05 Commercial contracts Seminar (2 hr) LO1 LO2 LO3 LO4 LO5 LO6 LO7
Commercial contracts and formalism Seminar (2 hr) LO1 LO2 LO3 LO4 LO5 LO6 LO7
Week 07 Statutory interventions and contract law 1 Seminar (2 hr) LO1 LO2 LO3 LO4 LO5 LO6 LO7
Statutory interventions and contract law 2 Seminar (2 hr) LO1 LO2 LO3 LO4 LO5 LO6 LO7
Week 08 Dispute resolution Seminar (2 hr) LO1 LO2 LO3 LO4 LO5 LO6 LO7
Dispute resolution: alternatives to courts Seminar (2 hr) LO1 LO2 LO3 LO4 LO5 LO6 LO7
Week 10 The regulatory role of equity Seminar (2 hr) LO1 LO2 LO3 LO4 LO5 LO6 LO7
Case studies: Banking Royal Commission Seminar (2 hr) LO1 LO2 LO3 LO4 LO5 LO6 LO7
Week 11 Case studies: Private health insurance Seminar (2 hr) LO1 LO2 LO3 LO4 LO5 LO6 LO7
Case studies: Tenancy Seminar (2 hr) LO1 LO2 LO3 LO4 LO5 LO6 LO7
Week 12 Case studies: Online platforms Seminar (2 hr) LO1 LO2 LO3 LO4 LO5 LO6 LO7
Case studies: Superannuation Seminar (2 hr) LO1 LO2 LO3 LO4 LO5 LO6 LO7
Week 13 Case studies: Dispute resolution Seminar (2 hr) LO1 LO2 LO3 LO4 LO5 LO6 LO7
Case studies: Public Utilities Seminar (2 hr) LO1 LO2 LO3 LO4 LO5 LO6 LO7

Attendance and class requirements

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).

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.

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.

Change to assessments.

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.