School: Business and Law

This unit information may be updated and amended immediately prior to semester. To ensure you have the correct outline, please check it again at the beginning of semester.

  • Unit Title

    Contract Law II
  • Unit Code

    LAW1212
  • Year

    2017
  • Enrolment Period

    1
  • Version

    1
  • Credit Points

    15
  • Full Year Unit

    N
  • Mode of Delivery

    On Campus
    Online
  • Unit Coordinator

    Mr Kenneth Ee-Fan YIN

Description

The unit essentially covers: discharge and termination of contracts (by performance, breach, repudiation or frustration); remedies for breach (damages, specific performance and injunction); vitiating factors that could affect the enforcement of a contract (illegality mistake, misrepresentation, misleading or deceptive conduct, duress, undue influence and unconscionable conduct); and an overview of relief under the Australian Consumer Law.

Prerequisite Rule

Students must pass 1 units from LAW1111

Learning Outcomes

On completion of this unit students should be able to:

  1. Comprehend and apply key contractual concepts.
  2. Confidently provide legal advice concerning the outcome of the matters that arise in the context of a legal situation.
  3. Demonstrate legal reasoning skills in considering relevance of discharge, vitiation and remedies to factual situations relating to the law of contract.
  4. Identify when if at all discharge, vitiation and remedies would arise in the context of a contractual scenario.
  5. Research the concepts identified as relevant in a variety of factual situations.

Unit Content

  1. Discharge termination for breach and repudiation.
  2. Introduction to discharge by performance, breach and frustration.
  3. Remedies: damages (including an overview of relief under the Australian Consumer Law); injunctions; and specific performance.
  4. Vitiating factors: illegality; mistake; misrepresentation and misleading or deceptive conduct; duress and undue influence; and unconscionable dealing.

Additional Learning Experience Information

This unit will be offered in the on-campus and off-campus modes. On-campus students will attend a weekly two hour lecture and a one hour tutorial. The lecture format is interactive. Students receive detailed lecture summaries and are encouraged to explore the legal issues arising from each topic. Off-campus students will access the unit via Blackboard. Regular online access is required. All resources are provided via Blackboard. Students participate in weekly tutorial tasks and interactive discussions.

Assessment

GS1 GRADING SCHEMA 1 Used for standard coursework units

Students please note: The marks and grades received by students on assessments may be subject to further moderation. All marks and grades are to be considered provisional until endorsed by the relevant Board of Examiners.

ON CAMPUS
TypeDescriptionValue
ParticipationTutorial Participation10%
AssignmentAssignment20%
ExaminationOpen book exam70%
ONLINE
TypeDescriptionValue
ParticipationOnline discussion and participation10%
AssignmentAssignment20%
ExaminationOpen book exam70%

Disability Standards for Education (Commonwealth 2005)

For the purposes of considering a request for Reasonable Adjustments under the Disability Standards for Education (Commonwealth 2005), inherent requirements for this subject are articulated in the Unit Description, Learning Outcomes and Assessment Requirements of this entry. The University is dedicated to provide support to those with special requirements. Further details on the support for students with disabilities or medical conditions can be found at the Access and Inclusion website.

Academic Misconduct

Edith Cowan University has firm rules governing academic misconduct and there are substantial penalties that can be applied to students who are found in breach of these rules. Academic misconduct includes, but is not limited to:

  • plagiarism;
  • unauthorised collaboration;
  • cheating in examinations;
  • theft of other students' work;

Additionally, any material submitted for assessment purposes must be work that has not been submitted previously, by any person, for any other unit at ECU or elsewhere.

The ECU rules and policies governing all academic activities, including misconduct, can be accessed through the ECU website.

LAW1212|1|1

School: Business and Law

This unit information may be updated and amended immediately prior to semester. To ensure you have the correct outline, please check it again at the beginning of semester.

  • Unit Title

    Contract Law II
  • Unit Code

    LAW1212
  • Year

    2017
  • Enrolment Period

    2
  • Version

    1
  • Credit Points

    15
  • Full Year Unit

    N
  • Mode of Delivery

    On Campus
    Online
  • Unit Coordinator

    Mr Kenneth Ee-Fan YIN

Description

The unit essentially covers: discharge and termination of contracts (by performance, breach, repudiation or frustration); remedies for breach (damages, specific performance and injunction); vitiating factors that could affect the enforcement of a contract (illegality mistake, misrepresentation, misleading or deceptive conduct, duress, undue influence and unconscionable conduct); and an overview of relief under the Australian Consumer Law.

Prerequisite Rule

Students must pass 1 units from LAW1111

Learning Outcomes

On completion of this unit students should be able to:

  1. Comprehend and apply key contractual concepts.
  2. Confidently provide legal advice concerning the outcome of the matters that arise in the context of a legal situation.
  3. Demonstrate legal reasoning skills in considering relevance of discharge, vitiation and remedies to factual situations relating to the law of contract.
  4. Identify when if at all discharge, vitiation and remedies would arise in the context of a contractual scenario.
  5. Research the concepts identified as relevant in a variety of factual situations.

Unit Content

  1. Discharge termination for breach and repudiation.
  2. Introduction to discharge by performance, breach and frustration.
  3. Remedies: damages (including an overview of relief under the Australian Consumer Law); injunctions; and specific performance.
  4. Vitiating factors: illegality; mistake; misrepresentation and misleading or deceptive conduct; duress and undue influence; and unconscionable dealing.

Additional Learning Experience Information

This unit will be offered in the on-campus and off-campus modes. On-campus students will attend a weekly two hour lecture and a one hour tutorial. The lecture format is interactive. Students receive detailed lecture summaries and are encouraged to explore the legal issues arising from each topic. Off-campus students will access the unit via Blackboard. Regular online access is required. All resources are provided via Blackboard. Students participate in weekly tutorial tasks and interactive discussions.

Assessment

GS1 GRADING SCHEMA 1 Used for standard coursework units

Students please note: The marks and grades received by students on assessments may be subject to further moderation. All marks and grades are to be considered provisional until endorsed by the relevant Board of Examiners.

ON CAMPUS
TypeDescriptionValue
ParticipationTutorial Participation10%
AssignmentAssignment20%
ExaminationOpen book exam70%
ONLINE
TypeDescriptionValue
ParticipationOnline discussion and participation10%
AssignmentAssignment20%
ExaminationOpen book exam70%

Core Reading(s)

  • Gooley, J., Radan, P., & Vickovich, I. (2014). Principles of Australian contract law. (3rd ed.). Australia: LexisNexis Butterworth.
  • Gooley, J., Radan, P., & Vickovich, I. (2014). Principles of Australian contract law: cases and materials. (3rd ed.). Chatswood, NSW: LexisNexis Butterworth.

Disability Standards for Education (Commonwealth 2005)

For the purposes of considering a request for Reasonable Adjustments under the Disability Standards for Education (Commonwealth 2005), inherent requirements for this subject are articulated in the Unit Description, Learning Outcomes and Assessment Requirements of this entry. The University is dedicated to provide support to those with special requirements. Further details on the support for students with disabilities or medical conditions can be found at the Access and Inclusion website.

Academic Misconduct

Edith Cowan University has firm rules governing academic misconduct and there are substantial penalties that can be applied to students who are found in breach of these rules. Academic misconduct includes, but is not limited to:

  • plagiarism;
  • unauthorised collaboration;
  • cheating in examinations;
  • theft of other students' work;

Additionally, any material submitted for assessment purposes must be work that has not been submitted previously, by any person, for any other unit at ECU or elsewhere.

The ECU rules and policies governing all academic activities, including misconduct, can be accessed through the ECU website.

LAW1212|1|2