- Class Number 6650
- Term Code 3050
- Class Info
- Unit Value 6 units
- Mode of Delivery Online
- Dilan Thampapillai
- Dilan Thampapillai
- Class Dates
- Class Start Date 17/08/2020
- Class End Date 09/10/2020
- Census Date 28/08/2020
- Last Date to Enrol 17/08/2020
The course covers a number of aspects of contract law and associated doctrines which are either the subject of recent litigation or are in the process of change. The course is consequently flexible to a degree.
Topics to be covered include:
- Extra-contractual liability which may arise in the course of negotiating for a contract;
- The ability of parties to defer agreement on particular matters;
- The doctrine of privity of contract and means of overcoming its limitations
- The various remedies for breach - equitable, common law and self-help.
Upon successful completion, students will have the knowledge and skills to:
- Identify, explain and demonstrate a deep understanding and knowledge of principles and issues of the law relating to contracts and contractual relationships;
- Identify, critically examine and explain knowledge and understanding of specific areas of the law relating to contractual relationships;
- Investigate, analyse and apply elements of contract law and related areas of the law relevant to commercial activities, to the wider commercial environment; and
- Plan, design and individually execute a substantial research based project that identifies and critically examines aspects of contracts and contractual relationships and demonstrates relevant research principles and techniques.
All required readings will be available on Wattle and via the reading list.
Thampapillai, Bozzi and Bruce, Contract Law, LexisNexis 2016
Students will be given feedback in the following forms in this course:
- Feedback will be provided via direct comments on assessable work and a criteria sheet for each assessment task
- Feedback will also be provided via a Wattle post
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.
Task submission times refer to Canberra time (AEST/AEDT).
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
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 any announcements relating to the course.
|Week/Session||Summary of Activities||Assessment|
|1||“This is normally an intensive course taught over three days. In 2020, in light of the changed teaching environment due to the coronavirus pandemic, the course will be taught via nine three-hour modules over three weeks. A detailed outline of the class structure will be made available on the Wattle site. This course will cover Contract Law and will give you an advanced understanding of contemporary Contract Law. There is an expectation that student in this course will have an understanding of basic Contract Law. The course will address various issues within formation, contract performance, the vitiating factors doctrines and termination. The first three modules will address issues of formation and recent controversies within Contract Law. The second set of three online modules will address issues of agency and performance. The third set of three online modules will address issues of illegality, undue influence and unconscionable conduct.|
|Assessment task||Value||Due Date||Return of assessment||Learning Outcomes|
|Legal Advice||70 %||09/10/2020||20/10/2020||1,2,3,4|
|Research Essay||30 %||09/09/2020||20/09/2020||1,2,3,4|
* If the Due Date and Return of Assessment date are blank, see the Assessment Tab for specific Assessment Task details
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
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 Academic Integrity . In rare cases where online submission using Turnitin software is not technically possible; or where not using Turnitin software has been justified by the Course Convener and approved by the Associate Dean (Education) on the basis of the teaching model being employed; students shall submit assessment online via ‘Wattle’ outside of Turnitin, or failing that in hard copy, or through a combination of submission methods as approved by the Associate Dean (Education). The submission method is detailed below.
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.
For all courses taught in intensive mode, the ANU College of Law considers participation in the classes offered to be an important part of the educational experience of the graduate program and students are required to attend ALL classes (and all of each class).
In exceptional circumstances, a student may be granted permission by the Course Convenor, in consultation with the Stream Convenor or Director, LLM Program, to miss some classes, provided:
a. it does not exceed a maximum of 25% of the classes;
b. permission is requested in advance; and
c. the request is supported, where appropriate, by adequate documentation.
Failure to comply with this policy may result in a student receiving the grade of NCN (non-complete fail). The normal pressures of work or planned personal trips do not constitute exceptional circumstances to justify an exemption from full compliance of this policy.
Assessment Task 1
Learning Outcomes: 1,2,3,4
Nature of Task: Legal Advice: You will write a legal advice in response to a problem scenario. This task will be discussed and addressed in classes, but it will involve a research component.
Word limit: 4250 words
Release: A problem question will be available on the Wattle site from 15 August 2020.
Due date: 9 October 2020
Estimated return date: 20 October 2020
Assessment Criteria: The assignment is a summative assessment designed to assess:
- your ability to demonstrate your understanding of the principles of contract law and associated doctrines through the application of those principles a given problem qu-estion or research question concerning contract law;
- your ability to communicate effectively in writing out a coherent legal analysis of a given issue.
- your ability to engage with the doctrines of contract law in a commercially relevant manner;
- demonstrated research work by virtue of a clear engagement with secondary and primary sources of law together with a solid contribution to the scholarly debate that extends beyond merely reproducing the ideas of other scholars;
- your ability to meaningfully analyse the relationships of contracting parties within the context of a given doctrine; and
- your ability to communicate effectively in writing by setting out a coherent legal analysis of a given issue which includes compliance with the AGLC and appropriate use of grammar and expression.
Assessment Task 2
Learning Outcomes: 1,2,3,4
Nature of Task: Essay. You will be able to write an essay on a topic of your choosing
Word limit: 1800 words
Release: A list of five essay questions will be available on the Wattle site from 15 August 2020. You may also design your own essay question in consultation with the Course Convenor.
Due date: 9 September 2020
Estimated return date: 20 September 2020
Assessment Criteria: The assignment is a summative assessment designed to assess:
a) Understanding of the Issues
- addresses the question and covers all the important points
- evidence of close consideration of the question and the research materials drawn on
- issues raised by the topic are clearly and concisely identified
- material chosen relates clearly to the topic and is analysed not just summarised or quoted extensively
b) Communication & Development of Argument
- clear theme or argument
- arguments logical and well-organised
- ideas/paragraphs linked coherently
- originality of ideas and critical analysis of the material
- complexity and insight in dealing with theory/ideas
- suggestions for change where appropriate
- interdisciplinary perspective where appropriate
- addressing opposing arguments
- well-reasoned conclusions
- research covering primary and secondary materials
- good organisation of sources and ability to synthesise all the research materials used
- use of theoretical material where appropriate
- range of research sources
- integration of material from research resources into the essay
e) Presentation, style and referencing
- good use of structure, section headings and paragraphs
- clarity and conciseness of expression, interesting and engaging of reader
- use of appropriate terminology and correct grammar, syntax and spelling
- full and accurate footnotes together with a bibliography
- style according to Australian Guide to Legal Citation
- adherence to word limit
Academic integrity is a core part of the ANU culture as a community of scholars. At its heart, academic integrity is about behaving ethically, committing to honest and responsible scholarly practice and upholding these values with respect and fairness.
The ANU commits to assisting all members of our community to 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 be familiar with the academic integrity principle and Academic Misconduct Rule, 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 Academic Misconduct Rule is in place to promote academic integrity and manage academic misconduct. Very minor breaches of the academic integrity principle may result in a reduction of marks of up to 10% of the total marks available for the assessment. The ANU offers a number of online and in person services to assist students with their assignments, examinations, and other learning activities. Visit the Academic Skills website for more information about academic integrity, your responsibilities and for assistance with your assignments, writing skills and study.
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.
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 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.
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.
Once final results are released on ISIS final assessment papers, if available, will be returned to students by post or on Wattle. Interim assessments, if available, will be returned by post or on Wattle as soon as they are received from the Convenor. Please ensure your ISIS address is current otherwise you may not receive your assessments back and we do not keep copies of marked assessments.
Students must ensure that they keep a copy of their submitted work and readily accessible until results for that course have been released.
Extensions and Penalties
Extensions and late submission of assessment pieces are covered by the Student Assessment (Coursework) Policy and Procedure. Extensions may be granted 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.
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