Content:
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.

Learning Outcomes

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

1. Identify, explain and demonstrate a deep understanding and knowledge of principles and issues of the law relating to contracts and contractual relationships;
2. Identify, critically examine and explain knowledge and understanding of specific areas of the law relating to contractual relationships;
3. Investigate, analyse and apply elements of contract law and related areas of the law relevant to commercial activities, to the wider commercial environment; and
4. 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.

Required Resources

All required readings will be available on Wattle and via the reading list.

Staff Feedback

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

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

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.

Class Schedule

Week/Session	Summary of Activities	Assessment
1	This is a semi-intensive course that will be delivered every Tuesdays from 4:00pm – 8:30pm (23 & 30 Nov 2021, 7 & 14 Dec 2021 and 4 & 11 Jan 2022. A detailed outline of the class structure will be made available on the Wattle site.
2	This course will cover advanced topics about Contract Law and will give you an advanced understanding of contemporary issues and matters that are important in practice. There is an expectation that student in this course will have an understanding of basic Contract Law. The principal topics will include: • construction of commercial contracts, express and implied good faith obligations, and rectification • formation, variation, frustration, and repudiation • illegal/ineffective contracts, unconscionable conduct and other vitiating factors • consequences of invalidity (including rights in equity and restitution) • remedies, including specific performance and the kinds and nature of damages.

Tutorial Registration

No tutorial registration available, required, or expected. Please refer to ANU Timetabling for the schedule.

Assessment Summary

Assessment task	Value	Due Date	Return of assessment	Learning Outcomes
Class Participation	10 %	*	11/02/2022	1,2,3
Quiz	20 %	16/12/2021	*	1,2,3
Legal Advice	70 %	20/01/2022	11/02/2022	1,2,3,4

* 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 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.

Participation

For all courses taught in any mode (whether face to face or online), the ANU College of Law considers participation in the classes offered to be an important part of the educational experience of the program. Students are expected to attend all classes.

If circumstances arise which are beyond a student’s control and they are unable to attend a class, the student should contact the Course Convenor in advance (where possible), so that the convenor can adjust their expectations in relation to numbers for that class. If it is not possible to give advance notice, students should send the convenor an email as soon as possible with evidence to support the reason for failure to attend. 

Assessment Task 1

Class Participation

Details of Task: Class participation will be assessed, including in group exercises in class.

Nature of Task: Compulsory. Failure to participate will result in a 0 for this task.

Weighting: 10%

Estimated return date: 11 February 2022

Assessment Criteria: The assignment is designed to assess your understanding of and engagement with the concepts being taught in class, including the application of critical thinking, and your ability clearly to communicate orally.

Assessment Task 2

Quiz

Details of Task: Students must answer 20 multiple choice questions to be completed within 60 minutes.

Nature of Task: Compulsory. Failure to submit the task will result in a 0 for this task

Weighting: 20%

Timing: The quiz will be available for completion within a 24 hour period. Once students start their quiz attempt, students will have 60 minutes to complete the quiz. The quiz will finish automatically after the 60 minutes. The quiz will close on the due date and any open attempts will be automatically submitted.

Release: 9am, Wednesday 15 December 2021 via WATTLE. Students will have 24 hour period to do this quiz, with a window of 60 minutes to complete the quiz once the attempt has started.

If you experience unavoidable and extenuating circumstances and cannot complete the assessment at the due date and time, you should apply for an extension to the ANU College of Law Student Administration Services: https://law.anu.edu.au/forms/assessment-extension-request. The College will give you one further opportunity to complete the assessment, at the same time one week later. This will be your final opportunity to complete the task.

Due: 9am, Thursday 16 December 2021 via WATTLE. 

Estimated return date: Once all students have completed the quiz.

Assessment Criteria: The assignment is designed to assess your understanding of the principles of contract law and associated doctrines in a commercial context.

Assessment Task 3

Legal Advice

Details 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.

Nature of Task: Compulsory. Failure to submit the task will result in a 0 for this task

Weighting: 70%

Word limit: 4200 words

Release: A problem question will be available on the Wattle site from 22 December 2021.

Due date: 5pm, Thursday 20 January 2022. Late submissions (without an extension) are permitted, but late penalties will apply. 

Estimated return date: 11 February 2022

Assessment Criteria: The assignment is designed to assess:

your ability to demonstrate your understanding of the principles of contract law and associated doctrines by applying them appropriately to the problem question;

your ability to communicate effectively in writing out a coherent legal analysis of a given issue, which includes compliance with the AGLC and appropriate use of grammar and expression.

your ability to engage with the doctrines of contract law in a commercially relevant manner;

your ability to analyse meaningfully the relationships of contracting parties.

Academic Integrity

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.

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 test or examinations.
• Late submission with an extension. To ensure equity for all students, the 5% penalty per working day for late submission of work does not apply if you have been given an extension. Where an extension is granted, the revised due date and submission time is provided in writing. Please note that the revised due date is calculated by including weekends and public holidays. Regardless of which day of the week the revised due date falls on, students who submit after that date are penalised by 5% of the possible marks available for the assessment task per 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.

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.

Returning Assignments

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.

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