The Contracts course is one of the foundation subjects in the JD programs. It examines a central aspect of the law of obligations. In this course we look at the evolution of contract, its central role in a market economy and the criteria for making legally enforceable promissory obligations. The requirements for the formation of a binding contract are examined together with the content of agreements. This involves an examination of the associated rules and doctrines used to ascertain the meaning and scope of the obligations expressly or impliedly undertaken by the parties to a contract.  

We will also be looking at breach of contract and its consequences, including a consideration of the remedies available at common law and in equity. The law of contract is affected and influenced by a range of other legal doctrines and statutory measures, notably the doctrines of estoppel, duress, undue influence and unconscionable conduct and the statutory prohibition on misleading or deceptive conduct. Throughout the course we consider the foundational rules and doctrines of contract law and the effect on contract law of these other areas of law.  

Contract law is an important foundation for other compulsory and elective courses taken later in the degree including Property and Commercial Law.
 

Learning Outcomes

Upon successful completion, students will have the knowledge and skills to:

1. At the conclusion of this course, if students have successfully completed all the course requirements, it is expected that they should be able to:
2. - define, distinguish and apply the basic concepts and terminology of the law of contract;
3. - define and distinguish amongst the various processes involved in contract formation; contract construction; and remedies for breach of contract;
4. - construct a proposition of contract law established by case law;
5. - identify the relevant legal issues that arise on a given set of facts in the area of contract law;
6. - distinguish the facts in decided cases from those in a given set of facts;
7. - recognise and appraise the interaction between contract formation and construction;
8. - formulate oral and written arguments in response to a given set of facts;
9. - select and apply a range of approaches to written communication, and apply the critical thinking required to bring about creative solutions to complex legal problems in the area of contract law;
10. - Use, interpret and apply a wide range of primary materials in both on-line and traditional media from international and national sources;
11. - Use legal citation conventions appropriately in the course of legal writing;

Research-Led Teaching

The central tenets of contract law are largely well-settled and it remains one of the few areas of law in which the doctrines continue to be developed through case law. Research in the substantive area of contract law informs the selection of topics and the degree of detail in which they are considered.

Required Resources

The prescribed book for the course is: Paterson, Duke, Robertson, Principles of Contract Law, (5th ed, 2016). (Textbook). 

The textbook has an accompanying casebook which is recommended for those who wish to also acquire a casebook: Paterson, Duke, Robertson, Contract: Cases and Materials, (13^th ed, 2016). (Casebook).  

Staff Feedback

Students will be given feedback in the following forms in this course:

• written comments
• verbal comments
• feedback to the whole class, to groups, to individuals, focus groups

Student Feedback

ANU is committed to the demonstration of educational excellence and regularly seeks feedback from students. Students are encouraged to offer feedback directly to their Course Convener or through their College and Course representatives (if applicable). The feedback given in these surveys is anonymous and provides the Colleges, University Education Committee and Academic Board with opportunities to recognise excellent teaching, and opportunities for improvement. The Surveys and Evaluation website provides more information on student surveys at ANU and reports on the feedback provided on ANU courses.

Other Information

Extensions late submission and penalties - https://law.anu.edu.au/current-students/policies-procedures/extensions-late-submission-and-penalties

Deferred examination: http://www.anu.edu.au/students/program-administration/assessments-exams/deferred-examinations

Special consideration: http://www.anu.edu.au/students/program-administration/assessments-exams/special-assessment-consideration

Penalties for excess word length: https://law.anu.edu.au/current-students/policies-procedures/word-length-and-excess-word-penalties

Distribution of Grades Policy: Effective from Winter Session and Second Semester 2018 (and until further notice), the current Grading Distribution Policy has been suspended pending the development of a new policy. For further information about the interim policy please see: https://law.anu.edu.au/current-students/policies-procedures/grading

Further Information about the Course: is available from the course WATTLE page. Students are required to access the WATTLE site regularly throughout the course for details on weekly classes and any announcements and updates relating to the course.

Class Schedule

Week/Session	Summary of Activities	Assessment
1	‘Is there a Contract?’: The essential elements of contract formation: Part I
2	‘Is there a Contract?’: The essential elements of contract formation: Part II
3	‘Is there a Contract?’: The essential elements of contract formation: Part III
4	Contract and Promissory Estoppel
5	‘What does the Contract say?’: Principles of Contract Construction
6	Identification of Terms: Express Terms
7	Identification of Terms: Implied Terms
8	Termination of the Contract: Part I
9	Termination of the Contract: Part II
10	Remedies for Breach
11	Vitiating Factors: Misinformation;
12	Vitiating Factors: Abuse of Power; and Illegality

Tutorial Registration

In weeks 1 and 2 there will be a one hour lecture on Wednesday between 5 – 6pm. This will be recorded. From week 3, workshops will accompany the lectures. Workshop times will be released via Wattle, you will be expected to participate actively working on the activities and exercises set out on the course WATTLE page. The workshops will not be recorded.

Assessment Summary

Assessment task	Value	Due Date	Return of assessment	Learning Outcomes
Online Quiz	10 %	19/03/2019	19/03/2019	1,2,3,4
Problem-based Research Paper	40 %	04/04/2019	02/05/2019	1,2,3,4,5,6,7,8,9,10
Take Home Examination	50 %	06/06/2019	04/07/2019	1,2,3,4,5,6,7,8,9,10

* If the Due Date and Return of Assessment date are blank, see the Assessment Tab for specific Assessment Task details

Policies

ANU has educational policies, procedures and guidelines, which are designed to ensure that staff and students are aware of the University’s academic standards, and implement them. Students are expected to have read the Academic Misconduct Rule before the commencement of their course. Other key policies and guidelines include:

• Student Assessment (Coursework) Policy and Procedure
• Special Assessment Consideration Policy and General Information 
• Student Surveys and Evaluations
• Deferred Examinations
• Student Complaint Resolution Policy and Procedure

Assessment Requirements

The ANU is using Turnitin to enhance student citation and referencing techniques, and to assess assignment submissions as a component of the University's approach to managing Academic Integrity. For additional information regarding Turnitin please visit the ANU Online website. Students may choose not to submit assessment items through Turnitin. In this instance you will be required to submit, alongside the assessment item itself, hard copies of all references included in the assessment item.

Moderation of Assessment

Marks that are allocated during Semester are to be considered provisional until formalised by the College examiners meeting at the end of each Semester. If appropriate, some moderation of marks might be applied prior to final results being released.

Participation

Effective participation in this course requires around 10 hours of engagement each week including in-class time. You should read the set readings for each week

In order to take better advantage of the discussion and activities which will occur in the workshop/s, you should read the required readings for the week prior to attending class. You are expected to prepare for the workshop/s and to engage actively in the discussions and activities that take place in these classes

Assessment Task 1

Online Quiz

Details of Task: The online quiz is an opportunity to demonstrate your learning up to that date. The quiz will cover material introduced in the first three weeks of the course. It is a multiple-choice, open-book quiz the purpose of which is to test your knowledge of this material and, in keeping with the University’s policy of providing students with early feedback, to help you see how you are progressing with your studies. This task addresses learning outcomes 1, 2, 3 and 4.

Nature of Task: The quiz is compulsory and non-redeemable. Failure to attempt the quiz will result in a 0 for this assessment task.

Weighting: 10%

Release: 7pm on Friday 15 March 2019.

Due date: 5pm, Tuesday 19 March 2019. Late submissions (without an extension) will not be accepted.

Estimated Return Date: Immediately after Tuesday 5pm, 19 March 2019 when the quiz closes.

Assessment Criteria: The online quiz requires you to demonstrate your knowledge of basic concepts and terminology of contract law studied in the first three weeks of the course. You will be assessed on your ability to define, distinguish and apply the basic concepts and terminology of the law of contract in selecting your responses to the questions.

Assessment Task 2

Problem-based Research Paper

Details of Task: You will be provided with a hypothetical fact scenario and asked to advise one of the parties in the scenario on the strengths and weaknesses of their position. The assignment will cover material up to and including the material covered in Week 5 of the course.

Nature of Task: This is compulsory and non-redeemable. Failure to complete this task will result in a 0 for this assessment task.

Weighting: 40%

Release:  2pm on the Tuesday 26 March 2019.

Due date: At 11.59pm on Thursday 4 April 2019 through Turnitin on the course WATTLE page. Late submission of assessment tasks (without an extension) are permitted, but will be penalised at the rate of 5% of the possible marks available per working day or part thereof. Late submission of assessment tasks is not accepted after 10 working days after the due date, or on or after Thursday 2 May.

Word limit: 2000 words

Estimated return date: The papers will be marked and results and feedback made available after 2pm, Thursday 2 May 2019. The precise details of when and how the problem-based research paper is to be submitted and returned to you will be set out on the course site on WATTLE. 

Assessment Criteria:

• define, distinguish and apply the basic concepts and terminology of the law of contract;
• define and distinguish amongst the various processes involved in contract formation; contract construction; and remedies for breach of contract;
• construct a proposition of contract law established by case law;
• identify the relevant legal issues that arise on a given set of facts in the area of contract law;
• distinguish the facts in decided cases from those in a given set of facts;
• recognise and appraise the interaction between contract formation and construction;
• formulate written arguments in response to a given set of facts;
• select and apply a range of approaches to written communication, and apply the critical thinking required to bring about creative solutions to complex legal problems in the area of contract law;
• use, interpret and apply a range of primary materials in both on-line and traditional media from international and national sources;
• use legal citation conventions appropriately in the course of legal writing.

Assessment Task 3

Take Home Examination

Details of Task: The final examination will be a take home exam and will take place during the formal examination period in June, 2018. The examination will cover the whole of the course. It will require you to advise a hypothetical client or clients about their legal rights and obligations, and will assess the skills developed throughout the semester and assessed earlier in the semester. Two problems will be provided and you must choose one of those problems to address in your exam.

Nature of Task: This is compulsory and non-redeemable. Failure to attend the exam will result in a 0 for this assessment task.

Timing: Students should consult the course WATTLE page to confirm the date and time of the exam.

Due date: To be confirmed. Submit answers through Turnitin.

Duration: Students will have a 24 hour period in which to do the take home exam but it will not require that long to complete.

Word Count: 2000 Words

Weighting: 50%

Estimated return date: After final results are released via Turnitin.

Assessment Criteria:

• define, distinguish and apply the basic concepts and terminology of the law of contract;
• define and distinguish amongst the various processes involved in contract formation; contract construction; and remedies for breach of contract;
• construct a proposition of contract law established by case law;
• identify the relevant legal issues that arise on a given set of facts in the area of contract law;
• distinguish the facts in decided cases from those in a given set of facts;
• recognise and appraise the interaction between contract formation and construction;
• formulate written arguments in response to a given set of facts;
• select and apply a range of approaches to written communication, and apply the critical thinking required to bring about creative solutions to complex legal problems in the area of contract law;
• use, interpret and apply case law and legislation as appropriate;
• use legal citation conventions appropriately in the course of legal writing under exam conditions.

Academic Integrity

Academic integrity is a core part of our culture as a community of scholars. At its heart, academic integrity is about behaving ethically. This means that all members of the community commit to honest and responsible scholarly practice and to upholding these values with respect and fairness. The Australian National University commits to embedding the values of academic integrity in our teaching and learning. We ensure that all members of our community understand how to engage in academic work in ways that are consistent with, and actively support academic integrity. The ANU expects staff and students to uphold high standards of academic integrity and act ethically and honestly, to ensure the quality and value of the qualification that you will graduate with. The University has policies and procedures in place to promote academic integrity and manage academic misconduct. Visit the following Academic honesty & plagiarism website for more information about academic integrity and what the ANU considers academic misconduct. The ANU offers a number of services to assist students with their assignments, examinations, and other learning activities. The Academic Skills and Learning Centre offers a number of workshops and seminars that you may find useful for your studies.

Online Submission

You will be required to electronically sign a declaration as part of the submission of your assignment. Please keep a copy of the assignment for your records. Unless an exemption has been approved by the Associate Dean (Education) submission must be through Turnitin.

Hardcopy Submission

For some forms of assessment (hand written assignments, art works, laboratory notes, etc.) hard copy submission is appropriate when approved by the Associate Dean (Education). Hard copy submissions must utilise the Assignment Cover Sheet. Please keep a copy of tasks completed for your records.

Late Submission

Individual assessment tasks may or may not allow for late submission. Policy regarding late submission is detailed below:

• Late submission not permitted. If submission of assessment tasks without an extension after the due date is not permitted, a mark of 0 will be awarded.
• Late submission permitted. Late submission of assessment tasks without an extension are penalised at the rate of 5% of the possible marks available per working day or part thereof. Late submission of assessment tasks is not accepted after 10 working days after the due date, or on or after the date specified in the course outline for the return of the assessment item. Late submission is not accepted for take-home examinations.

Referencing Requirements

Accepted academic practice for referencing sources that you use in presentations can be found via the links on the Wattle site, under the file named “ANU and College Policies, Program Information, Student Support Services and Assessment”. Alternatively, you can seek help through the Students Learning Development website.

Extensions and Penalties

Extensions and late submission of assessment pieces are covered by the Student Assessment (Coursework) Policy and Procedure. The Course Convener may grant extensions for assessment pieces that are not examinations or take-home examinations. If you need an extension, you must request an extension in writing on or before the due date. If you have documented and appropriate medical evidence that demonstrates you were not able to request an extension on or before the due date, you may be able to request it after the due date.

Privacy Notice

The ANU has made a number of third party, online, databases available for students to use. Use of each online database is conditional on student end users first agreeing to the database licensor’s terms of service and/or privacy policy. Students should read these carefully. In some cases student end users will be required to register an account with the database licensor and submit personal information, including their: first name; last name; ANU email address; and other information.
In cases where student end users are asked to submit ‘content’ to a database, such as an assignment or short answers, the database licensor may only use the student’s ‘content’ in accordance with the terms of service – including any (copyright) licence the student grants to the database licensor. Any personal information or content a student submits may be stored by the licensor, potentially offshore, and will be used to process the database service in accordance with the licensors terms of service and/or privacy policy.
If any student chooses not to agree to the database licensor’s terms of service or privacy policy, the student will not be able to access and use the database. In these circumstances students should contact their lecturer to enquire about alternative arrangements that are available.

Distribution of grades policy

Academic Quality Assurance Committee monitors the performance of students, including attrition, further study and employment rates and grade distribution, and College reports on quality assurance processes for assessment activities, including alignment with national and international disciplinary and interdisciplinary standards, as well as qualification type learning outcomes.

Since first semester 1994, ANU uses a grading scale for all courses. This grading scale is used by all academic areas of the University.

Support for students

The University offers students support through several different services. You may contact the services listed below directly or seek advice from your Course Convener, Student Administrators, or your College and Course representatives (if applicable).

• ANU Health, safety & wellbeing for medical services, counselling, mental health and spiritual support
• ANU Diversity and inclusion for students with a disability or ongoing or chronic illness
• ANU Dean of Students for confidential, impartial advice and help to resolve problems between students and the academic or administrative areas of the University
• ANU Academic Skills and Learning Centre supports you make your own decisions about how you learn and manage your workload.
• ANU Counselling Centre promotes, supports and enhances mental health and wellbeing within the University student community.
• ANUSA supports and represents undergraduate and ANU College students
• PARSA supports and represents postgraduate and research students