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Unit of study_

LAWS6328: Contract Management

Intensive May, 2024 [Block mode] - Castlereagh St, Sydney

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. Further information about this unit is available in the Sydney Law School timetable https://canvas.sydney.edu.au/courses/4533/pages/postgraduate-lecture-timetable, unit of study outline https://www.sydney.edu.au/units and academic staff profile https://www.sydney.edu.au/law/about/our-people/academic-staff.html

Unit details and rules

Unit code LAWS6328
Academic unit Law
Credit points 6
Prohibitions
? 
None
Prerequisites
? 
None
Corequisites
? 
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
Presentation group assignment Group Structured Class Participation (25%)
On call participation as a group
25% Ongoing 45 minutes / equivalent to 2000 words
Outcomes assessed: LO1 LO3
Short release assignment Short-release Assignment (25%)
One problem-based question
25% Week 02
Due date: 28 Apr 2024 at 18:00

Closing date: 05 May 2024
2000 words / 4 working days
Outcomes assessed: LO1 LO4
Assignment Final assignment (50%)
One problem-based question
50% Week 06
Due date: 25 May 2024 at 18:00

Closing date: 08 Jun 2024
4000 words / 3 weeks
Outcomes assessed: LO1 LO2 LO3 LO4
group assignment = group assignment ?

Assessment summary

Group structured class participation (25%) - Students are allocated to one of four groups and each group is assigned a recent case.  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.  Pre-class preparation will take several hours and students should start preparing well in advance of the allocated day. On the day, the entire group task will be 15 minutes group discussion, during which time students will be able to discuss with the others in the group the issues arising in the decision and the responses to the questions, and then 30 minutes of the group being asked questions by the unit co-ordinator (in addition to the pre-class preparation).  Each group will be allocated around 10 questions which they are required to answer. The case and associated questions will be available to students once they are allocated into their groups. The assessor may ask other questions in addition to the pre-assigned questions.  To obtain a pass mark or greater, students must participate in the class discussion to demonstrate having read the allocated decision and prepared responses to the questions.  Students will receive an individual mark based on marking rubrics published in Canvas.

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 20 April 2024, and is due at 6pm (Sydney, Australia time) on 28 April 2024

4000 word final assignment (50%) – the assignment will be one problem-based question dealing with management of issues that arise under a contract. It will be released to students on Canvas at 6pm (Sydney, Australia time) on 4 May 2024, and due at 6pm (Sydney, Australia time) on 25 May 2024.

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

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: In completing unsupervised assessments, students may use editors, proof-readers, and automated writing tools (including translation software, grammar checkers, reference generators and artificial intelligence), provided that all use is acknowledged and consistent with University policies and procedures including Academic Integrity Policy. Acknowledgment must be made in writing on the front of the work submitted for assessment, or in an appropriate footnote or other reference, and state the name of the person or software.  

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

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 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:

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.

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.

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

WK Topic Learning activity Learning outcomes
Week 01 1. Introduction and review 2. Uncertainty and incomplete contracts 3. Conditional contracts Seminar (6.5 hr) LO3
4. Identification of terms. 5. Good faith 6. Principles of construction Seminar (6.5 hr) LO1 LO2 LO3
Week 03 7. Construing specific clauses: exemption and limitation clauses 8. Election and waiver 9. Discharge of Contract Seminar (6.5 hr) LO2 LO3 LO4
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 (6.5 hr) LO2 LO3 LO4

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 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 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. Critically analyse and synthesise principles and legislation in contract law, highlighting the interplay between general principles and legislative frameworks.
  • LO2. Develop and implement strategies for risk management in contractual agreements, incorporating an in-depth understanding of contractual obligations and rights.
  • LO3. Communicate sound, logically-structured legal arguments and solutions to legal problems in contract law, to diverse audiences while accurately employing the conventions of AGLC (4th Ed.) in legal writing demonstrating a comprehensive understanding of legal conventions and academic integrity.
  • LO4. Accurately identify and distinguish relevant legal issues in complex contractual scenarios, using advanced critical thinking and problem-solving skills.

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 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.