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.

This course meets the requirements of the Law Admissions Consultative Committee Prescribed Academic Areas of Knowledge for Contracts. 

This course meets the following requirements of the Law Admissions Consultative Committee Prescribed Academic Areas of Knowledge for Equity: 

• specific performance 
• injunction 
• damages in equity 
• estoppel 
• vitiating factors 
• unconscionability

Learning Outcomes

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

1. Synthesise, evaluate and apply the fundamental principles of contract law.
2. Develop and justify solutions and professional conclusions in order to resolve a range of hypothetical contract law problem scenarios and provide professional advice to a client.
3. Communicate theoretical propositions, legal methodologies, conclusions and professional decisions regarding contract law matters to a variety of legal and non-legal audiences in a range of oral and/or written formats.
4. Interpret and critically evaluate the theoretical underpinnings and contemporary developments in contract law, with reference to their broader context and a range of diverse perspectives.
5. Undertake legal research using appropriate methodologies and sources to resolve complex contract law problems and justify professional decisions.

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

Prescribed Textbook: Andrew Robertson, Jeannie Paterson, Contract: Cases and Materials, (14th ed), Thomson Reuters, Sydney 2020

Required Legislation: Australian Consumer Law

Recommended Resources

Andrew Robertson, Jeannie Paterson, Principles of Contract Law, (6th ed), Thomson Reuters, 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). Feedback can also be provided to Course Conveners and teachers via the Student Experience of Learning & Teaching (SELT) feedback program. SELT surveys are confidential and also provide the Colleges and ANU Executive with opportunities to recognise excellent teaching, and opportunities for improvement.

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 the tutorial programme are contained on the course Wattle site. Tutorial registration will be done via MyTimetable.

Assessment Summary

Assessment task	Value	Due Date	Return of assessment	Learning Outcomes
Case Note	20 %	16/03/2023	31/03/2023	1,3,4,5
Problem-based Assignment	40 %	11/05/2023	26/05/2023	1,2,3,4,5
Active Participant and Reflections	40 %	*	29/06/2023	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 Integrity Rule before the commencement of their course. Other key policies and guidelines include:

• Academic Integrity Policy and Procedure
• Student Assessment (Coursework) Policy and Procedure
• Special Assessment Consideration Guideline and General Information 
• Student Surveys and Evaluations
• Deferred Examinations
• Student Complaint Resolution Policy and Procedure
• Code of practice for teaching and learning

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 Skills website. 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.

Examination(s)

There is no final examination for this course.

Assessment Task 1

Case Note

Details of Task: Students will be provided with a case on which they must write a case note. Specific instructions about the type of case note will be provided with the case. The task will be released at the end of Week 1.

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

Weighting: 20%

Word Limit: 1200 words. The ANU College of Law's Word Length and Excess Word penalties policy can be found here.

Submission Requirements: Your submission must be made with a 12-point font, 1.5 line spacing and page numbers on each page. Footnotes should be used for the referencing of all sources. All references should be compliant with the current edition of the Australian Guide to Legal Citation. Your submission must be made in a word processing file format (.doc, .docx). PDF files will not be accepted.

Due Date: 5pm, 16 March 2023. Late submissions (without an extension) are permitted, but late penalties will apply. 

Estimated Return Date: 31 March 2023

Assessment Criteria:

• explain the situation leading to the dispute at the heart of the case;
• define and distinguish amongst the various processes involved in contract formation; contract construction; and remedies for breach of contract as appropriate;
• construct a proposition of contract law established by case law;
• identify the relevant legal issues raised in the case;
• place the case in context in relation to the course material you have studied to date;
• write a coherent, grammatically correct paper in accordance with the case note instructions;
• 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

Problem-based 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.

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

Weighting: 40%

Word Limit: 2200 words. The ANU College of Law's Word Length and Excess Word penalties policy can be found here.

Submission Requirements: Your submission must be made with a 12-point font, 1.5 line spacing and page numbers on each page. Footnotes should be used for the referencing of all sources. All references should be compliant with the current edition of the Australian Guide to Legal Citation. Your submission must be made in a word processing file format (.doc, .docx). PDF files will not be accepted.

Due Date: 5pm, 11 May 2023. Late submissions (without an extension) are permitted, but late penalties will apply. 

Estimated Return Date: 26 May 2023

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

Active Participant and Reflections

Details of the Task: This task involves two components: 

• Active Participant: You will need to perform this role in each of the tutorials you attend (at minimum 75% of the course). It is your responsibility to ask questions, volunteer ideas, and add your voice to the conversation during the tutorial discussion. Your purpose is twofold: a) support your peers by engaging in the tutorial discussion, and b) develop your own thinking and the thinking of your peers by articulating ideas and exploring uncertainties.  
• Reflective posts: You will also be required to reflect on the tutorial discussion paying particular attention to the assessment criteria below. 6 posts are required across the semester: 3 must be made in Weeks 2-6 and another 3 in Weeks 7-12. Each post must be submitted in Wattle by the end of the week to which it relates, that is, a post made in Week 11 relating to Week 4 will not be accepted. Further guidance for this task will be provided on Wattle

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

Weighting: 40%

Word Limit: 400 words per post. The ANU College of Law's Word Length and Excess Word penalties policy can be found here.

Due Date: This assessment task will be completed over the duration of the semester. Due to the nature of the task, late submission or extension is not permitted.

Estimated Return Date: Official end-of-semester results release date. 

Assessment Criteria for the active participant component: You will be assessed on your ability to:

• support your peers by engaging in the tutorial discussion;
• contribute constructively to the discussion by asking questions, volunteering ideas;
• demonstrate an understanding of how to develop and support a group-wide discussion by contributing as well as encouraging others in the group to contribute to the discussion.

Assessment Criteria for the reflective posts: You will be assessed on your ability to:

• reflect on the tutorial discussion and the substantive topic/s of law being considered by contributing your own ideas and insights, beyond simply summarising the class discussion. Specifically, include a response to these two questions:
• What was the most important point made in class today?
• What unanswered question do you still have?

Academic Integrity

Academic integrity is a core part of the ANU culture as a community of scholars. The University’s students are an integral part of that community. The academic integrity principle commits all students to engage in academic work in ways that are consistent with, and actively support, academic integrity, and to uphold this commitment by behaving honestly, responsibly and ethically, and with respect and fairness, in scholarly practice.

The University expects all staff and students to be familiar with the academic integrity principle, the Academic Integrity Rule 2021, the Policy: Student Academic Integrity and Procedure: Student Academic Integrity, and to uphold high standards of academic integrity to ensure the quality and value of our qualifications.

The Academic Integrity Rule 2021 is a legal document that the University uses to promote academic integrity, and manage breaches of the academic integrity principle. The Policy and Procedure support the Rule by outlining overarching principles, responsibilities and processes. The Academic Integrity Rule 2021 commences on 1 December 2021 and applies to courses commencing on or after that date, as well as to research conduct occurring on or after that date. Prior to this, the Academic Misconduct Rule 2015 applies.

 

The University commits to assisting all students to understand how to engage in academic work in ways that are consistent with, and actively support academic integrity. All coursework students must complete the online Academic Integrity Module (Epigeum), and Higher Degree Research (HDR) students are required to complete research integrity training. The Academic Integrity website provides information about services available to assist students with their assignments, examinations and other learning activities, as well as understanding and upholding academic integrity.

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 tests 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 granted an extension. Where an extension is granted, the revised due date and submission time will be provided in writing. Importantly, any revised due date is inclusive of weekends and public holidays. Regardless of which day of the week the revised due date falls on, students who submit after that date will be penalised by 5% of the possible marks available for the task per 24-hour period.  

Referencing Requirements

The Academic Skills website has information to assist you with your writing and assessments. The website includes information about Academic Integrity including referencing requirements for different disciplines. There is also information on Plagiarism and different ways to use source material.

Returning Assignments

All marks and feedback will be provided by the return date listed in the class summary. 

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 Access 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