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. Define, distinguish and apply the basic concepts and terminology of the law of contract;
2. Define and distinguish amongst the various processes involved in contract formation; contract construction; and remedies for breach of contract;
3. Construct a proposition of contract law established by case law;
4. Identify the relevant legal issues that arise on a given set of facts in the area of contract law;
5. Distinguish the facts in decided cases from those in a given set of facts;
6. Recognise and appraise the interaction between contract formation and construction;
7. Formulate oral and written arguments in response to a given set of facts;
8. 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;
9. Use, interpret and apply a wide range of primary materials in both on-line and traditional media from international and national sources;
10. 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: Andrew Robertson, Jeannie Paterson, Contract: Cases and Materials, (14th ed), ThomsonReuters, Sydney 2020

Required Legislation – Australian Consumer Law

Recommended Resources

Andrew Robertson, Jeannie Paterson, Principles of Contract Law, (6th ed), ThomsonReuters, Sydney 2020

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: 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	Agreement (Offer)?
2	Agreement (Acceptance)?
3	Consideration
4	(1) Certainty and Intention and (2) Capacity and Privity
5	(1) Incorporation of Terms and (2) Estoppel
6	Contract Construction
7	(1) Implied Terms and (2) Consumer Guarantees and Unfair Terms
8	(1) Mistake and (2) Misrepresentation
9	(1) Duress and Undue Influence and (2) Unconscionable dealing (conduct)
10	(1) Illegality and (2) Frustration (and Termination)
11	Termination and Remedies
12	Revision

Tutorial Registration

Details for tutorials are contained on the course wattle site.

Assessment Summary

Assessment task	Value	Due Date	Return of assessment	Learning Outcomes
Problem-based Research Assignment	50 %	23/03/2022	07/04/2022	1,2,3,4,5,6,7,8,9,10
Final Examination	50 %	*	*	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 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.

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 tutorials, you should read the required readings for the week prior to attending class. You are expected to prepare for the tutorials and to engage actively in the discussions and activities that take place in these classes. These tutorial activities and discussions are integral to your learning and preparation for the assessment tasks.

Assessment Task 1

Problem-based Research Assignment

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 4 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: 50%

Release: 9am, Monday 28 February 2022 via Wattle.

Due date: 5pm, Wednesday 23 March 2022 via Turnitin. Late submissions (without an extension) are permitted, but late penalties will apply. 

Word limit: 3000 words

Estimated return date: Thursday 7 April 2022.

Feedback: Feedback will be given 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 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 2

Final Examination

Details of Task: The examination will cover material covered in the course from Week 5 through to Week 12. It will require you to advise a hypothetical client or clients about their legal rights and obligations. 

Nature of Task: Compulsory and non-redeemable. Failure to complete this task will result in a mark of zero (0) for this assessment task.

Release: Please consult the ANU examination timetable for the date and time of the examination.

Due date: Students should consult the ANU examination timetable to confirm the date, duration and time of the exam. No late submissions are accepted for exams.

Duration: 2.5 hours

Word Count: The maximum word range for this task is 2,500 words. You are strongly advised to keep within this range and this is intended very much as a ceiling, not a minimum.

Weighting: 50%

Estimated return date: Official end of semester results release date.

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 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 take-home 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.

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. 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