Outline

Overview

This unit builds on the foundational unit LAWS6991 Fundamentals of Contract Law. It provides students with a detailed treatment of aspects of contract construction; the nature and effect of particular types of contractual terms; equitable and common law remedies; statutory measures having an impact on contracts and contract law (eg statutory unconscionability; misleading or deceptive conduct). Content and learning in this unit is scaffolded onto that of LAWS6991 Fundamentals of Contract Law which is a pre-requisite for this unit.

Unit details and rules

Academic unit	Law
Credit points	6
Prerequisites ?	None
Corequisites ?	None
Prohibitions ?	None
Assumed knowledge ?	Available to students who hold an undergraduate law degree from a common law jurisdiction or have previously completed LAWS6991 Fundamentals of Contract Law.
Available to study abroad and exchange students	No

Teaching staff

Coordinator	Jack Pembroke-Birss, jack.pembroke-birss@sydney.edu.au

Type	Description	Weight	Due	Length
Participation	Group Structured Class Participation (25%) On call participation as a group	25%	Ongoing	45 minutes / equivalent to 2000 words
Outcomes assessed:
Assignment	Short-release Assignment (25%) One problem-based question	25%	Week 02 Due date: 26 Apr 2023 at 18:00 Closing date: 02 May 2023	2000 words / 5 working days
Outcomes assessed:
Assignment	Final assignment (50%) 2 x problem-based questions	50%	Week 05 Due date: 18 May 2023 at 18:00 Closing date: 01 Jun 2023	4000 words / 3 weeks
Outcomes assessed:
= group assignment ?

Assessment summary

Group structured class participation (25%) - students are allocated to one of four groups and each group is assigned a recent judgement decision. Each group is required to prepare to be on-call for 45 minutes during class: group 1 will be on-call on Day 1, group 2 on Day 2 etc. Each group is expected to prepare their answers prior to attending class, and then in the class they will have 15 minutes to prepare as a group to respond to the questions. The entire group task will be 15 minutes group discussion and then 30 minutes of the group being asked questions by the unit coordinator (in addition to the pre-class preparation).

2000 word short-release assignment (25%) - the assignment will be a problem-based question, based on the topics in the Reading Guide for Days 1 and 2. The question will be released to students on Canvas at 6pm (Sydney, Australia time) on 18 April 2023, and is due at 6pm (Sydney, Australia time) on 26 April 2023.

4000 word final assignment (50%) – the assignment will be two problem-based questions dealing with management of issues that arise under a contract. It will be released to students on Canvas at 6pm (Sydney, Australia time) on 27 April 2023, and due at 6pm (Sydney, Australia time) on 18 May 2023.

Note: The lecturer might request for the submission of your pre-submitted draft versions of the assignments. Please retain the draft documents on file.

The outcome of a grant of special consideration application for any assessment may include an alternative task, at the discretion of the Unit Coordinator.

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).

Assessment requirement 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, without an approved extension, will attract a penalty of 10% of the total marks available for the piece of assessment per 24 hours or part thereof, after the due time on the due date. For example, a submission after the due time but before the same time the following day will attract a 10% penalty.

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.

Use of generative artificial intelligence (AI) and automated writing tools

You may only use generative AI and automated writing tools in assessment tasks if you are permitted to by your unit coordinator. If you do use these tools, you must acknowledge this in your work, either in a footnote or an acknowledgement section. The assessment instructions or unit outline will give guidance of the types of tools that are permitted and how the tools should be used.

Your final submitted work must be your own, original work. You must acknowledge any use of generative AI tools that have been used in the assessment, and any material that forms part of your submission must be appropriately referenced. For guidance on how to acknowledge the use of AI, please refer to the AI in Education Canvas site.

The unapproved use of these tools or unacknowledged use will be considered a breach of the Academic Integrity Policy and penalties may apply.

Studiosity is permitted unless otherwise indicated by the unit coordinator. The use of this service must be acknowledged in your submission as detailed on the Learning Hub’s Canvas page.

Outside assessment tasks, generative AI tools may be used to support your learning. The AI in Education Canvas site contains a number of productive ways that students are using AI to improve their learning.

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.

Weekly schedule

WK	Topic	Learning activity
Ongoing	1. Introduction and review 2. Uncertainty and incomplete contracts 3. Conditional contracts	Seminar (7 hr)
	4. Identification of terms. 5. Good faith 6. Principles of construction	Seminar (7 hr)
	7. Construing specific clauses: exemption and limitation clauses 8. Election and waiver 9. Discharge of Contract	Seminar (7 hr)
	10. Change of circumstances: common law solutions 11. Change of circumstances: force majeure provisions 12. Restitution for ineffective contracts 13. Renegotiating contracts 14. Impact of discharge on remedies	Seminar (7 hr)

Attendance and class requirements

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. Attendance requirements may be satisfied by online attendance as specified by the Unit Coordinator. Failure to meet this requirement may result in a student being precluded from sitting 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 https://libguides.library.usyd.edu.au/c.php?g=508212&p=3476376

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

The following text book is required reading and students will either need to purchase a copy or use one of the copies available in the Law Library (Law Reserve):

• J W Carter, Carter’s Guide to Australian Contract Law, (4th edition) (“Carter”)

This new edition is published by J W Carter Publishing Pty Ltd. It is available only from the website jwcarterpublishing.com.au. at a cost of approximately $99.00. You should order it as soon as possible.

Please note that this is not the older 3rd edition of 2016, published by LexisNexis Butterworths.

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 thorough understanding of the principles of contract construction
LO2. demonstrate a thorough understanding of the relationship of general principles of contract law and legislation
LO3. demonstrate a general understanding of the management of risk through contract
LO4. select and apply a clear approach to written communication with grammar, expression and punctuation sufficiently correct to support that clarity
LO5. apply the critical thinking required to bring about solutions to legal problems in the area of contract law
LO6. identify the relevant legal issues that arise on a given set of facts in the area of contract law
LO7. formulate written arguments in response to a given set of facts
LO8. use legal citation conventions appropriately in the course of legal writing

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 have been made to the assessment regime since the unit was last offered.

Additional information

Resources - Sydney Law Students

Disclaimer

Important: the University of Sydney regularly reviews units of study and reserves the right to change the units of study available annually. To stay up to date on available study options, including unit of study details and availability, refer to the relevant handbook.

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

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

Additional information

Additional information

Disclaimer

On this page

Useful links

LAWS6328: Contract Management

Intensive April - May, 2023 [Block mode] - Castlereagh St, 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

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

Additional information

Additional information

Disclaimer

On this page

Useful links